LAL PARI DEVI Vs. RAMESHWAR SINGH

JUDGEMENT

(1.) This appeal has been heard when it was listed for hearing under Order XLI, Rule 11 of the Code of Civil Procedure and with the consent of both the parties is being finally disposed of at this stage.

(2.) The appellant filed claim case No. 11 of 1989/14 of 1992 claiming compensation of Rs. 2 lacs stating therein that on 3.6.1989 in the morning her husband deceased Jagarnath Singh was travelling on a maxi bearing No. BHZ 8445 for going to Doudnagar. The vehicle in village Janauria on Aurangabad-Doudnagar road met with an accident and turned down causing death of deceased. The vehicle was being driven negligently and rashly by its driver Abdul Rahim Khan, respondent No. 2. Rameshwar Singh, respondent No. 1 is said to be the owner of vehicle and New India Assurance Company, respondent No. 3 is said to be the insurer of the vehicle. About the deceased, the claimant stated that he was a Government servant employed as Panchayat Sewak posted at Doudnagar Block and his monthly income was Rs. 2071.75 and he was aged about 50 years.

(3.) All the three respondents appeared and the Court of 1st Additional Sessions Judge-cum-Additional M.V. Claim Tribunal, Aurangabad, directed respondent No. 1 to pay a sum of Rs. 1,09,200/- together with a sum of Rs. 1,000/-as consolidated cost of litigation with interest @ 6% per annum from the date of filing of claim petition till the date of recovery and respondent No. 3 to pay a sum of Rs. 15.000/- with interest @ 6% per annum from the date of filing of claim petition till the date of recovery. Both the aforesaid respondents were directed to pay compensation within one month from the date of the order.