ORIENTAL INSRUANCE CO. LTD. Vs. LILADHAR HIRJI DAMA

JUDGEMENT

(1.) THESE appeals arise out of a common judgement and award passed by the Motor Accident Claims Tribunal dated 31.8.2006 in MACP No. 722 and 496 of 1994. Both the appeals have been filed by the insurance company primarily questioning the computation of compensation awarded by the Claims Tribunal to the claimants.

(2.) ON 25.6.1994, one Manish Dama and his friend Piyush Pujara were returning from Gandhidham to Bhuj in a Maruti car. Piyush was driving the car. Near the village Sapeda a truck insured by the appellant insurance company came from behind. While trying to overtake the car from behind, the truck driver lost control and toppled over. Because of sudden and abrupt halting of the vehicle, the Maruti car collided with the truck causing the death of both the occupants. Deceased Piyush Pujara was aged about 23 years. His friend Manish Dama was aged about 21 years. Both were unmarried. The claimants included their parents and brothers.

(3.) HAVING heard learned counsel for the parties, insofar as the question of negligence is concerned, there is enough evidence to hold that the driver of the truck was totally negligent in causing the accident. It has come on record that in the process of overtaking the vehicle, the truck deriver lost control and the truck toppled over. From the fact that the truck toppled would indicate that same was being driven at an excessive speed and in the manner where the truck driver could not control the heavy vehicle.