NIRMAL SINGH Vs. C M JAYA

JUDGEMENT

(1.) The present appeal is directed against the award dated May 7,1981 passed by Shri S.P.Saberwal, Judge, Motor Accident Claims Tribunal Delhi. The respondents-claimants have also filed cross-objections (C.M.No. 854/83). The appeal was been filed by the owner and driver of the offending vehicle and the insurer,New India Assurance Company Ltd. is impleaded as aco-respondent along with the claimants.

(2.) The claim petition was filed by the widow and two minor children as legal heirs of the deceased Shri V.Vasudevan, under Section 10-A of the Motor Vehicles Act claiming compensation amounting to Rs.six lakhs. The deceased sustained fatal injuries in an accident that took place on February 22, 1975 at about 5.15 p.m. at G.T. Road crossing near Narrow-Gauge railway line, Shahdara. The deceased was sitting on the pillion seat of two wheeler scooter No. DLW-3606 and was coming from his duty in M/s. Air Reduction Company Ltd, Plot No. 56, Site No. 4, Sahibabad, Ghaziabad for going to Kashmere Gate Bus stand in order to get a bus for his house situated at Gurgaon. The said scooter was being driven by one of his employees, namely, Jagdish Chandra and it was pleaded that the scooter was being driven with due care and caution and on correct side of the road at a normal speed when truck bearing No. DLL-9885, which was being driven by appellant No.2, rashly and negligently struck against the said scooter from behind. It was further alleged that the driver did not blow any horn and the truck was being driven at a very high speed when it hit the scooter from behind As a result ot the in,uries sustained in the accident, Shri Vasudevan died on the spot The deceased was 35 years of age and was stated to be earning Rs.2400.00 plus Rs.450.00 as allowances per month and was Chief Engineer in the employment of M/s Air Reduction Company Ltd.The offending truck was insured with New lndia Assurance Co. Ltd, respondent No. 4 in this appeal.

(3.) The claim petition was resisted by the appellant, and respondent No. 4. The appellants filed joint written statement whereas separate written statement was filled by the insurer, respondent No.4 though they were all represented in the Tribunal by the same Counsel. It was denied that the accident took place due to the rash and negligent driving on the part of appellant No 2. The said appellant was driving the vehicle at a slow speed and was coming from Ghaziabad Border to Delhi and when he crossed the railway crossing, Jagdish Chandra came from behind the truck and without blowing any horn or giving signal tried to over-take the truck from its wrong side i.e. left side when a DTC bus came from the opposite side and appellant No. 2 in order to give way to the said bus turned his truck to left and at that time the scooter driver who was overtaking the truck from the left lost his balance and control and the scooter struck with the left middle of the truck and it fell down with both its riders. The scooter driver, namely, Jagdish Chandra fell down on his left side but the deceased, who was a pillion rider, fell on the right side and he was crushed under the wheels of the truck.