JETHABHAI BHIMABHAI Vs. MER POLA RINA

JUDGEMENT

(1.) The appellants are the original claimants whose claim for compensations for the death of the bread-winner has been dismissed by the Tribunal. The deceased Kadviben was the wife of appellant No. 1 and mother of appellants No. 2 to 6. The deceased Kadviben and injured Bhimiben were walking over the bridge at about 10-30 in the morning on 3-1-1991. While they were near half way of the bridge, the offending auto-rickshaw came from the opposite direction. A handcart was attached to the auto-rickshaw which dashed against these women; iron handcart got separated from the rickshaw; two women fell 30 feet down in the river and the iron hand-cart also fell in the river and hit these two persons. Kadviben died and Bhimiben received some injuries.

(2.) The appellants filed Motor Accidents Claim Petition against the rickshaw driver, owner Mer Pola Rina and against the insurer-Oriental Insurance Company Ltd. After a few days, by Ex. 9, Gujarat Electricity Board, respondent No. 2 herein was added as a defendant and it was alleged that the hand-cart (iron 'rekadi') which was involved in the accident was of the ownership of Gujarat Electricity Board and it was used for transporting its electricity poles and other goods.

(3.) By Ex. 21, Arjan Dosa was added as a defendant (respondent No. 3). In the application, it was alleged that he was a contractor of Gujarat Electricity Board and he had hired the auto-rickshaw. Therefore, he was joined as a party-respondent. By an application Ex. 36 dated 18-9-1991, the applicants' Advocate requested for deleting the defendant-insurer because the auto-rickshaw was not insured.