Smt. Kamla Patel and Another vs Firoz Khan and Others

Bhawani Singh, C.J.—This appeal is directed against the award of the Motor Accident Claims Tribunal, Mandla, in Claim Case No. 35/99, dated 12-12-2000.

On 29-5-1998 at about 7.00 p.m., Ku. Vandana (11) was travelling by Bus No. MP 20-E/9631, owned by Smt. Rakhi Jaiswal, driven by Firoz Khan and insured with the Oriental Insurance Company Ltd. Bus was being driven rashly and negligently by its driver, as a result of which it hit stationary truck parked on left side of the road. As a result of this accident, head of the deceased was crushed when the bus crossed by the side of the truck. She died instantaneous death, since head was severed from the body. Ultimately, compensation of Rs. 3,30,000/- is claimed with interest at the rate of 18% per annum.

The owner and driver of the bus submit that the accident took place due to negligence of the deceased, therefore, they are not responsible for this accident. The bus was being driven slowly and was under-control. It was insured with the Oriental Insurance Company, therefore, they are not liable to pay compensation.

The Oriental Insurance Company denied all the allegations. It alleges that the driver of the bus did not possess valid driving licence, therefore, committed violation of conditions of the insurance policy. As such, the Insurance Company is not liable to pay compensation.

The owner/driver of the truck No. MHG-3046 has denied the allegation that the truck contributed to the accident. As a matter of fact, the truck had been parked on the left side of the road, therefore, claim is liable to be dismissed.

After recording of evidence and hearing the parties, the Claims Tribunal held that the accident took place, as alleged. The truck did not contribute to the accident and awarded compensation of Rs. 50,000/- with interest at the rate of 12% per annum.

The claimants are parents of the deceased. They are not satisfied with the award, therefore, it has been challenged through this appeal.

Shri Narendra Sharma, learned Counsel appearing for the claimants, submits that the claimants have not been justly compensated for the death of their daughter in this accident, therefore, amount of award deserves to be enhanced. Shri Sanjay Agrawal, learned Counsel appearing for the Oriental Insurance Company, submits that just compensation has been awarded, looking to the age of the deceased and background of the family.

Giving consideration to the whole matter, we find that Ku. Vandana was 11 years old at the time of accident. She was student. Her life has been cut short by this accident, which took place due to rash and negligent driving of the bus by its driver, who caused the accident with the truck, which had been parked on the left side of the road. Decision of this Court in Pramila Bai and another Vs. Mustafa Khan and another, (DB), is brought to our notice. For the death of Ashok (8), compensation of Rs. 75,000/- has been awarded. Therefore, compensation of Rs. 75,000/- is awarded for death of Ku. Vandana, apart from Rs. 7,000/- for loss of expectancy of life and Rs. 2,000/- for funeral expenses, taking total amount of compensation to Rs. 84,000/- (Rs. Eighty four thousand). The enhanced compensation will carry interest at the rate of 9% per annum from the date of application till payment, by Insurance Company within two months.

Costs on parties.