ARUNKUMAR KASTURLAL SHAH Vs. GOKULSINGHJI KISHORSINGHJI RAJPUT

JUDGEMENT

(1.) THESE three Appeals preferred under Section 173 of the Motor Vehicles Act, 1988 arise from the common judgment and award dated 27th February, 2003 passed by the Motor Accidents Claims Tribunal, Ahmedabad [hereinafter referred to as, Sthe Tribunal] in Motor Accident Claim Petition Nos. 903 of 2000 and 904 of 2000. The appellants in First Appeal No. 1446 of 2003 are the claimants in the above referred Claim Petition No. 903 of 2000. The appellant in First Appeal No. 1109 of 2003 is the Oriental Insurance Company Limited [hereinafter referred to as, Sthe Insurer]; the insurer of the offending vehicle, the Truck bearing registration no. RJ-27-G-1026. The appellant in First Appeal No. 1447 of 2003 is the claimant in the above referred Claim Petition No. 904 of 2000.

(2.) ON 12th July, 2000, one Hiren Arunbhai Shah and one Umeshkumarsing Udaychandsing Rajput were travelling on national highway no. 8 enroute Udaipur to Ahmedabad in a fiat car bearing registration no. GAL 6123. The car belonged to one Messrs. Compaq Engineers of which the aforesaid Hiren Shah was the sole proprietor. It was the said Hiren Shah who was driving the car and Umeshkumar was on the front passenger seat. When the car reached near Prantij, at about 5 O'clock in the early morning, it was hit by the offending truck coming from the opposite direction. In the said accident, the said Hiren Shah lost his life and the said Umeshkumar received injuries. The parents, widow and minor children of the deceased Hiren Shah filed the above referred Claim Petition no. 903 of 2000 before the Tribunal for compensation in the sum of Rs. 52,00,000/=. The injured-Umeshkumar filed the above referred Claim Petition No. 904 of 2000 for compensation in the sum of Rs. 20,000/=.

(3.) ACCORDING to the claimants, the accident in question occurred on account of the negligence of the driver of the truck. The opponent No. 1-Gokul Singhji Kishore Singhji Rajput; the Opponent no. 2 Inder Singh Amar Singhji Sisodia, the owner of the offending truck was vicariously liable to pay compensation to the claimants for the tortious act of the truck driver and the opponent no. 4 Insurance Company was liable, being the insurer of the offending truck.