UNITED INDIA INSURANCE CO LTD Vs. MUSTKEEM

JUDGEMENT

(1.) M.A. Nos. 1464 and 1465 of 2005 preferred by the appellant United India Insurance Co. Ltd. against the awards dated 30.9.2005 passed by Eleventh Additional Motor Accidents Claims Tribunal. Raipur in Claim Case Nos. 65 and 67 of 2004 respectively are being disposed of by this common order as both the appeals arise out of the same accident. Facts of the case in brief are that on 22.4.2003 the deceased persons, namely. Dhanesh and Romesh along with the members of their family, were returning from Bagbahara to Raipur on a jeep bearing registration No. CG 18-ZD 0272. At about 3.30 in the night, the driver of the jeep/respondent No. 1, driving the jeep in a rash and negligent manner, dashed against a truck bearing registration No. CG 04-ZC 2934 which was parked on the road against traffic rules without using indicators. Dhanesh and Romesh died on the spot due to the injuries sustained in the said accident. Claimants being legal heirs of the deceased filed two separate claim petitions under section 166 of the Motor Vehicles Act. 1988 (briefly, 'the Act') for claiming compensation for the death of the deceased persons.

(2.) Learned Tribunal on a close scrutiny of the submissions made, evidence led and material placed awarded Rs. 2,63,128 for the death of Romesh and Rs. 15,24,256 for the death of Dhanesh along with interest at the rate of 6 per cent per annum, exonerating the driver, owner and insurer of the truck from the liability to pay compensation.

(3.) Learned counsel for the appellant submits that the driver of the offending jeep was not having valid driving licence. Further referring to para 12 of the statement of eyewitness AW 1 Kanti Bai and para 7 of the statement of NAW 1 Goverdhan/truck driver, he submits that it is a clear case of composite negligence, rather it is a case of total negligence of the truck driver as 3/4th part of the truck was on the road and the same was parked without there being any indicator.