NANU MAL Vs. INDER SINGH

JUDGEMENT

(1.) This judgment will dispose of six appeals, F.A.O. 23-D of 1965 to FA.O. 28-D of 1965, filed under section 110-D of the Motor Vehicles Act, Act No. 4 of 1939. The circumstances under which the proceedings, out of which these appeals have arisen, were initiated, are as follows :-

(2.) On the night between June 8 and 9, 1961 at about 12.45 a m a truck drove at a great speed from the side of Shakti Nagar and ran over the raised round-about (gole chakar) near Ram Rup Vidya Mandir. A number of persons were sleeping at that lime on the said round about. The truck struck several persons, resulting in the death of three of them, viz. Tej Ram, a boy of 16 years, Pushpa Devi, aged about 12 years and Kishan Lal aged 32 years ; and injuries to three other persons, viz. Hari Ram, Budhi Ram and Krishan Prashad It was a dark night. But one Faquir Chand, it is aid, holding a gas lantern was passing that say. It was in that gas light that it was noticed, it is alleged, that the truck bore legistration No D.L.G. 638. Pritam Singh said to have been the driver of the truck. The accident was said to have been caused due to the negligent and rash driving by Pritam Singh. The truck, was said to be owned by Inder Singh. The legal representatives of the three deceased persons and the three injured persons filed six separate petitions under section 110-A of the Motor Vehicles Act and prayed for damages in their respective petitions.

(3.) To begin with, the petitions were filed against Inder Singh, as the owner of the truck and Pritam Singh, the driver. Subsequently, however, Victory Transport Co. P. Ltd., Vanguard Insurance Co. Ltd. and the Jupiter General Insurance Co. Ltd. were impleaded as respondents. It was stated that Victory Transport Co. P. Ltd. was probably the owner of the truck and Vanguard Insurance Co. Ltd., was the insurer with whom the said truck was insured. The Jupiter General Insurance Co. Ltd. was also stated to be another insurer with whom the said truck was insured. In F.A.O. 23-D of 1965, Nanumal and his wife Anandi, claimed Rs. 20,000.00as damages on account of the death of their daughter Pushpa. In F.A.O, 25-D of 1965, Mrs. Bhagwati Devi claimed Rs. 30.000.00 on account of damages for the death of her father. Kishan Lal. In F.A.O 26-D of 1965, Behari Lal and his wife Har Piari, claimed Rs. 30,000.00 on account of the death of their son Tej Ram aged about 16 years. In F A.O. 24-D of 1965 Hari Ram had claimed Rs. 25,000.00 on account of injuries suffered by him. In F.A. O. 27-D of 1965 Bhudhi Ram claimed Rs. 25,000.00 on account of injuries. In F.A. O. 28-D of 1965 Kishan Prashad claimed Rs. 25,000.00 likewise for the injuries suffered by him. As all the six applications had arisen out of the same accident, they were consolidated and were disposed of by the common order of the Motor accidents claims Tribunal.