THAPAR INTRAFOR CO LTD Vs. SUMITRA DEVI

JUDGEMENT

(1.) This appeal under section 110-D of the Motor Vehicles Act, 1939 (for short 'the Act') has been preferred against the judgment and order dated 13.2.1984 passed by the Motor Accidents Claims Tribunal-cum-District Judge, Tehri, Garhwal (hereafter in short 'the Tribunal') in M.A.C. Petition No. 18 of 1983, Sumitra Devi v. Bishamber Nath, whereby learned Claims Tribunal awarded compensation of Rs. 87,800 along with interest at the rate of 6 per cent per annum against all the opposite parties and further ordered that insurance company, respondent No. 3, shall be liable to pay Rs. 50,000 and the opposite parties-appellants shall be liable to pay the rest of compensation amount. Aggrieved, the owner and driver of the vehicle appellants, have come up in appeal before this court.

(2.) The relevant facts giving rise to this appeal are that Govind Singh, husband of the claimant Sumitra Devi, aged about 38 years and a mechanic by profession, earning Rs. 660 per month as salary from T.I.C.I.L., Simlasu, Tehri, lost his life in a vehicular accident, which occurred on 28.7.83 at about 12.30 noon on Rishikesh- Tehri Road near Hindola Khal due to rash and negligent driving by the driver of jeep No. MYE 1416, owned by T.I.C.I.L. and duly insured with United India Insurance Co. Ltd. Compensation has been claimed to the tune of Rs. 1,67,600 including the amount of Rs. 15,000 on the principle of no fault liability by the dependants and legal representatives of the deceased.

(3.) The owner and driver of the jeep contested the claim petition by filing their joint written statement. They have admitted the allegations made in the claim petition and in additional pleas, it was asserted that there was no negligence on the part of the driver of the jeep, rather the accident took place due to heavy rains and dense fog at the spot as a result thereof, the jeep fell in the khad. It was stated that the road was slippery. It was contended that the vehicle was duly insured, therefore, the compensation is payable by the insurance company.