JAMNNA SINHA AND ORS. Vs. RAM CHANDRA RAI AND ORS.

JUDGEMENT

(1.) DEATH of young persons is always painful. This is more so when they are snatched away by the cruel hands in an accident. The tragedy for the family knows no bounds if the deceased be the sole bread -earner. That was the case with Dinendra Sinha (42) and Sisir Medhi (30). What has added poignance, almost insult to the injury, is the attitude adopted by New India Assurance Company who did not think it fit to pay a paltry sum of Rs. 8,000/ - awarded against it as compensation for the death of the two souls and even suppressed the policy. Such actions do belie the high hopes which nationalisation had raised in the minds of all concerned. May we remind ourselves at this stage itself about what was stated in Rajasthan State Road Transport Corporation v. Narain Shanker : 1980 A.C.J. 411 (S.C.), that it would be more humane and just if instead of indulging in wasteful litigation such a Company hastens compassionately to settle the claims so that goodwill and public credibility could be improved.

(2.) WE have begun this judgment with this prefatory note as we have felt disturbed at the attitude adopted by the insurers, more particularly the New India Assurance Company - -hereinafter called "New India" with whom the car bearing registration No. ASZ 6242 was insured. What had led to the filing of claim petitions, five in number, was an accident on 13.7.72 when there was a head -on -collision between the aforesaid car and a truck (ASZ 7796) which was insured with the Hindustan General Insurance Society, whose assets and liabilities devolved on National Insurance Company Limited. It may be stated that the Company which had insured the car formerly known as "New Premier Insurance Company". The accident saw three deaths and injuries to two others who are Lutfur Rehman and Benoy Krishan Ghose. The death of Dinendra Sinha led his wife Jamuna Sinha and mother Bishnupriya Sinha to file claim petitions each praying for compensation of Rs. 1,00,000/ -. In so far as Sisir is concerned, his father, mother, two sisters and two brothers approached the Court claiming a sum of Rs. 3,00,000/ -. These three cases, namely M.A.C. Case Nos. 23 and 24 of 1973 and 46 of 1973 giving rise to M.A.(F) 58/75, 59/75 and 1/76, were tried together and by a common judgment the learned Presiding Officer, Motor Accidents Claims Tribunal, Shillong awarded compensation as follows:

(3.) FEELING aggrieved at the award, the claimants have preferred M.A. (F) 58 and 59 of 1975 and 1 of 1976. In the two other cases, appeals are by National Insurance Company as successor to the Hindustan General Insurance Company. As common questions were involved, all these appeals were heard together and are being disposed of by this judgment.