Both these appeals M.A. No. 1407 of 1996, M/s Indian R.C.C. Cement Pipe Industries and Another vs. Smt. Kalawati and Others and M.A. No. 701 of 1997, Kalawati and Others vs. Mohd. Yakoob and Others are proposed to be decided by this judgment since they arise out of the same accident. First appeal is at the instance of owners of vehicle for setting aside the award so far as it makes them responsible for payment of compensation and the other by the claimants for enhancement of compensation.

Ram Awatar Pandey (42) was travelling by Truck No. MPA-4117 on 2.12.1984. This truck met with accident on Rewa-Satna Road near Chhiboura Tiraha when it fell off the road. Ram Awatar Pandey sustained injuries and he was shifted to Gandhi Memorial Hospital, Rewa, where he died. Truck was being driven by Mohd. Yakoob, owned by M/s Indian R.C.C. Cement Pipe Industries, Rewa and insured with New India Insurance Company Limited. Claimants who are wife and children of the deceased allege that truck was being driven rashly and negligently otherwise the accident would not have taken place. The deceased was earning Rs. 20,000/- per year out of agriculture and Rs. 10.00 per day by sale of milk. He used to spend about Rs. 1,000-1,200/- per month on the family. On account of his death, a sum of Rs. 500/- was spent towards transportation, sum of Rs. 5,000/- towards funeral expenses and Rs. 2,000/- towards last rites. He was 40 years old at the time of accident and could live up to 70-75 years. Due to his death, loss of Rs. 5,50,000/- has been suffered apart from mental pain and sufferings. On all counts, compensation of Rs. 9,07,000/- has been claimed.

Respondents opposed the claim. It is stated that deceased Ram Awatar Pandey got into the truck with out their knowledge when they were taking tea after halting the vehicle. He jumped from the moving truck which resulted in injuries to him. Truck turned turtle when it was stopped all of a sudden due to noise on account of Ram Awatar Pandey jumping the vehicle and a boy running across the road in front of the vehicle. It is also stated that Ram Awatar Pandey had got into the vehicle along with his two bags of fertilizers after payment of fare at Rampur Baghelan. Insurance Company has denied the claim alleging that passengers could not be carried in the truck, therefore, it is not responsible for payment of compensation.

On the pleadings of parties, Claims Tribunal framed as many as four issues. On evidence led by parties, it concluded that accident took place as alleged. However, on payment of compensation, owners and driver were jointly and severally held responsible. Accordingly, compensation of Rs. 47,500/- carrying interest at the rate of 12% per annum has been awarded. Through these appeals, the award has been challenged.

Grievance of owners and driver of the vehicle is that Insurance Company has been erroneously exonerated from payment of compensation and the claimants have alleged that compensation is absolutely inadequate, therefore, deserves to be enhanced. After hearing learned counsel for parties and perusing the evidence on record, there is no dispute with regard to the taking place of accident and death of Ram Awatar Pandey in this accident. The accident had taken place due to the rash and negligent driving of the truck by the driver which is absolutely clear from the fact that the moment it was intended to stop, it fell off the road which happened due to the excessive speed in which it was being driven assuming that it was an attempt to save some boy who happened to cross the road all of a sudden. Therefore, the finding of the Claims Tribunal on this aspect is confirmed.

Question is about the determination of compensation. It is settled position that Court has to award just compensation in cases of accidents. What is just compensation, depends upon the facts of each case. For settling it, evidence placed before the Claims Tribunal by the parties is most significant. Taking into consideration