B. SATYAWATI DEVI Vs. PALIBAI

JUDGEMENT

(1.) THESE appeals have been filed under Section 173 of the Motor Vehicles Act against a common award dated 30.11.99 passed by the Third Additional Motor Accident Claims Tribunal, Bastar at Jagdalpur in MACC Nos. 7/99, 19/99, 21/99 and 22/99. M.A. No. 430/2000 and 443/2000 have been filed against the award passed in MACC No. 7/99; M.A. 431/2000 has been filed against the award passed in MACC No. 21/99; M.A. No. 432/2000 and 442/2000 have been filed against the award passed in MACC No. 22/99 and M.A. No. 433/2000 has been filed against the award passed in MACC No. 19/99. M.A. No. 442/2000 and M.A. No. 443/2000 have been filed by the respective claimants for enhancement of amount of compensation, whereas, the other appeals have been filed by the owner of the offending Jeep for setting aside the award against her, challenging her liability. 4 persons namely Sakharam, Krishnadev Singh Thakur, Mudo and Ram Abhilash lost their lives in a motor accident, which took place on 25.10.98 at about 9.00 p.m. when the offending Commander Jeep bearing registration No. MP-25/B/0364 dashed from the back side against the stationary Truck bearing registration No. CPT-2101. 4 Claim Petitions were filed under Section 166 of the Motor Vehicles Act by the dependants of the deceased persons claiming different compensations on account of death of the deceased persons in the motor accident.

(2.) THE owner and the driver of the offending Jeep filed their written statement taking a plea that the accident occurred on account of negligence of the driver of the Truck because he put his vehicle in the middle of the road and the Jeep collided with the Truck.

(3.) THE insurer of the Truck also denied its liability on account of fault of the driver of the offending Jeep which dashed against the stationary Truck. Learned Claims Tribunal recorded common evidence in all 4 Claim Cases. The claimants examined Ramshankar (AW-1), Nand Kishore Lodhi (AW-2), Kanti (AW-3), Palibai (AW-4), Hadma (AW-5) and Bitai (AW-6) in support of their Claim Petitions, whereas, the owner and the driver of the Jeep examined B. Vishveshwar Rao (NAW-1) in rebuttal. No witness was examined by the insurer of the Jeep or the owner, driver and insurer of the Truck.