A.BANERJI, U.C.SRIVASTAVA
NOOR MOHAMMAD AND ANR. – Appellant
Versus
SHRIMATI PHOOLA RANI AND ORS. – Respondent
( 1 ) THIS appeal arises out of an award made by the Motor Accidents Claims Tribunal, Jhansi, dated October 6, 1975. As a sequel to an accident on November 18, 1971, one Badri Prasad, a passenger in the vehicle, died. The heirs of the deceased, respondents Nos. 1, 2, 3 arid 3a, filed a claim petition for compensation before the Tribunal. After contest by the two appellants, owner and driver, of the vehicle and by the insurance company, respondent No. 4, the Tribunal allowed the petition and awarded compensation in the sum of Rs. 42,000, apportioning the amount to be paid to each of the heirs. Interest at the rate of six per cent. per annum and proportionate costs were also granted. The Tribunal, however, specified that the liability of the insurance company would be Rs. 5,000 only. Aggrieved, the appellants have filed the present appeal.
( 2 ) THE relevant facts briefly stated are as follows : Badri Prasad was a member of a marriage party travelling in Bus No. USU 518 from village Kharela to Garotha on November 18, 1971. Noor Mohammad was the owner of the bus and the bus was being driven by one Mohammad ismail. It met with an accident three miles from Mauranipur, at
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