M.P.S.R.T. Corporation vs Ram Kumari And Anr. on 11 December, 1985

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Madhya Pradesh High Court
M.P.S.R.T. Corporation vs Ram Kumari And Anr. on 11 December, 1985
Equivalent citations: 1 (1986) ACC 86
Author: R P Singh
Bench: R P Singh

JUDGMENT

Ram Pal Singh, J.

1. The appellants have preferred this appeal against the claim award passed by the Motor Accidents Claims Tribunal, Gwalior, (for short, hereinafter called ‘the Claims Tribunal’), in claim Case No. 65 of 1974 dated 28-8-1974.

2. Appellant No. 1 is the owner of bus No. MPC 5071 and appellant No. 2 its driver. On 3-7-1972 this bus was coming from Rewa to Gwalior. When it stopped at Jhansi Bus Stand, the respondents, who are wife and husband, respectively, boarded the bus. When the bus reached near Samodhan, due to the rash and negligent driving of appellant No. 2, the bus became out of control, running in a high speed, crossed the road and fell in a ditch by the side of the road. Due to this, there was a great jerk, and the respondent claimant Ramkumari was hit by the seat in front of her, which fell on her leg and her right leg bone was fractured. The respondents some how reached Gwalior, where she was admitted in Kamla Raja Hospital and was X-rayed and plastered. The claimants also claimed that Ramkumari at the accident was pregnant and she also suffered physical and mental pain and shock. She, therefore, claimed a sum of Rs. 10,000/- as damages.

3. The Claims Tribunal arrived at the conclusion that the claim of respondent No. 2 is not maintainable, while that of respondent-claimant No. 1 is maintainable and awarded an amount of Rs. 2500/- as compensation. It is against this award of the learned Claims Tribunal that the appeal has been preferred.

4. Shri V.G. Khot, learned Counsel appearing for the appellants, has taken me through the impugned award and the entire evidence on record. He contended that the accident was not on account of the rash and negligent driving of appellant No. 2. He further contended that the amount of compensation awarded is very high. 1 anxiously examined the award. It is a well-reasoned award. Every issue and every piece of evidence has been considered. In this lengthy award, the minutest details were not lost sight of by the learned Claims Tribunal. I, therefore, express my general agreement with the conclusions arrived at by the learned Claims Tribunal. In my opinion, the learned Claims Tribunal was very miser in awading the meagre amount of Rs. 2,500/- only to respondent No. 1. I need not further burden this judgment with the discussion of the evidence, because that would only be a petition of the facts, well discussed in the impugned award. Shri B.G. Apte learned Counsel appearing for the respondent-claimants, has urged that though he has not filed a cross-objection, yet the Claims Tribunal has committed an error in not awarding the interest to the claimant-respondent No. 1. It is true that interest has not been awarded over the claim amount. Therefore, in the interest of justice and in accordance with law, I allow this prayer and direct that the appellants shall also pay the interest at the rate of 9% per annum, to claimant-respondent No. 1 on the amount of Rs. 2500/-, the claim awarded from the date of the application filed before the Claims Tribunal. This interest shall be payable by the appellants to respondent No. 1 from the date of the application till the date of full payment along with costs of the entire litigation.

5. With these observations, this appeal is dismissed. Counsel’s fee Rs. 250/- if certified.

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