KRISHNA GUPTA Vs. MADAN LAL

JUDGEMENT

(1.) This appeal and cross-objections arise out of a judgment of a learned single Judge of this court passed in FAO 230/79 and 231/79 arising out of an award made on 31/07/1979 by the Motor Accident Claims Tribunal. FAO 230/79 which was filed by the appellant, was allowed in part and FAO 231/79 filed by the respondents, was dismissed.

(2.) The basic fact of the matter is not in dispute. On 26/08/1974, the deceased Prem Chand Gupta was going in car No. DLJ-4598 driven by respondent No.3 following the truck driven by respondent No.1 when the said truck suddenly stopped in the middle of the road allegedly without giving any signal or indication and both the vehicles collided together resulting into the death of Shri Prem Chand Gupta and another occupant of the car. Both the vehicles were comprehensively insured with Oriental Fire and General Insurance Company Limited, now known as Oriental Insurance Company Limited.

(3.) The learned Tribunal, having regard to the materials which were placed on records by the parties, held that the accident took place as a result of contributory negligence on the part of the driver of the truck as also the owner of the car. In so far as the negligence is concerned, it was held to have been committed on the part of both the driver of the truck as also the driver of the car, the liability wherefor was apportioned in the ratio of 75:25 respectively.