KULBHUSHAN SINGHAL Vs. GYAN SINGH

JUDGEMENT

(1.) Being aggrieved by the award dated 6.5.1995 passed by the Motor Accidents Claims Tribunal/ Third Additional District Judge, Nainital, in M.A.C.T. Case No. 542 of 1991, the claimants and the owner of the offending vehicle have come to this court by way of appeals from order under section 173 of Motor Vehicles Act, 1988.

(2.) Since, common question of law and fact arises for determination, all the above appeals are decided by this common judgment. Facts:

(3.) Dr. Ashok Kumar Singhal and his wife Dr. Archana Singhal were on their way from Bijnore to Nainital to visit their elder son Apurva studying in 5th standard in St. Joseph School, Nainital. This was on 16.7.1991. On their way to Nainital, they were travelling in a Maruti car No. UGH 7585. At 8.40 a.m. the accident took place. At 8.40 a.m. the Maruti car collided with a private bus No. USI 5345 owned by Gyan Singh, the respondent No. 1. The offending bus was insured with National Insurance Co. Ltd. Dr. Ashok Kumar Singhal (deceased) was a Physician. He was 38 years of age. He was working as a Physician in the District Hospital, Bijnore. He was a Government servant. His monthly income was Rs. 6,400. Dr. Ashok Kumar Singhal (deceased) was an M.D. His age of retirement was 58 years. His wife Dr. Archana Singhal was 36 years of age on the date of accident, i.e., on 16.7.1991. She was M.S. (Gynaecology). She was working as a Medical Officer, District Women Hospital, Bijnore. Her salary was Rs. 5,585 per month. The couple was driving in the same vehicle on 16.7.1991 when the accident took place. The couple had two minor children Apurva (age 11 years) and Aditya (age 6 years) on the date of accident. Dr. Ashok Kumar Singhal had aged parents Kulbhushan Singhal (age 67 years) and his mother Sarla Singhal (age 61 years) on 16.7.1991. Two claim petitions were filed. Claim Petition No. 542 of 1991 was filed by Kulbhushan Singhal, Sarla Singhal, Apurva and Aditya as legal representatives of Dr. Ashok Kumar Singhal for grant of compensation on account of the demise of Dr. Ashok Kumar Singhal. Claim Petition No. 542 of 1991 was also filed by Apurva and Aditya for compensation as legal representatives of Dr. Archana Singhal. Both these claim petitions have been disposed of by two separate judgments dated 6.5.1995 under common Claim Petition No. 542 of 1991 by Motor Accidents Claims Tribunal (hereinafter referred to for the sake of brevity as 'the Tribunal'). In the petition filed by Kulbhushan Singhal and others as legal representatives of their son Dr. Ashok Kumar Singhal, Claims Tribunal awarded compensation amounting to Rs. 4,50,000 against Gyan Singh (owner of the bus), whose driver was held guilty of rash and negligent driving. On the other hand, in the claim petition filed by Apurva and Aditya as legal representatives of their mother Dr. Archana Singhal, Rs. 4,00,000 was awarded against Gyan Singh as compensation. In both the cases the Tribunal took the view that the accident took place due to rash and negligent driving by the driver of the bus owned by Gyan Singh. In both the cases the Tribunal took the view that the claimants had failed to prove that on the date of the accident, i.e., 16.7.1991, the bus stood insured with National Insurance Co. Ltd., Haldwani, Distt. Nainital. Therefore, two decrees were passed against the owner, Gyan Singh. Being aggrieved by the above two awards given by the Claims Tribunal, two appeals (A.O. Nos. 1101 and 1101-A of 2001) have been preferred under section 173 of Motor Vehicles Act by the claimants. Since, the decree was passed against Gyan Singh (owner of the bus) only and not against National Insurance Co. Ltd. (hereinafter referred to as 'the insurer'), Gyan Singh has also preferred two separate appeals against two separate awards vide A.O. Nos. 290 and 291 of 2003. National Insurance Co. Ltd. has also filed its cross-objections before this court.