NEW INDIA ASSURANCE COMPANY LIMITED Vs. CHANDANBEN RAJIBHAI

JUDGEMENT

(1.) These 4 cases involving common questions of law and fact are proposed to be disposed of by a common judgment.

(2.) Matador No. GTK 4711 used for transport business was being driven by the owner-cum-driver respondent No. 1. On 21-3-1983 while this vehicle was being driven by the respondent No. 1, three passengers along with their luggage were being carried in the said vehicle. They were Raijibhai Jethabhai Solanki, Fatesing Dhulsing and Somabhai Punjabhai Padhiar. It was alleged that the matador was being driven rashly and negligently with excessive speed and the vehicle was not under the control of the respondent No. 1 on Padra- Jambusar Road near Village Mahuvad, a buffalo suddenly appeared on the road. The driver respondent No. 1 could not control the matador and dashed with the buffalo, as a result of which the matador turned turtle on the road. Out of the three passengers, Raijibhai Jethabhai Solanki and Fatesing Dhulsing died on the spot and third passenger Somabhai Punjabhai Padhiar sustained injuries. The buffalo also died in the accident. It was alleged that Somabhai Punjabhai Padhiar sustained serious injuries. As such four claim petitions No. 869 of 1983, 113 of 1984, 787 of 1984 and 950 of 1983 were filed.

(3.) The claim petitions were resisted by the driver-cum-owner as well as by the appellant who was the opposite party No. 2 before the Tribunal on the ground that the driver was not driving the matador rashly and negligently. It was also denied that the third occupant passenger sustained any injury in the accident. The accident is not disputed. It is also not disputed that two passengers travelling in the matador with their goods died on account of the injuries sustained.