UNITED INDIA INSURANCE CO LTD Vs. LILABEN VALLABHBHAI

JUDGEMENT

(1.) CHALLENGE in these two appeals filed under Section 173 of the Motor Vehicles Act, 1988 ('the Act' for short) is to the correctness of the judgment and award dated 5.11.1996 rendered in MACP Nos.398 of 1995 and 399 of 1995 by the Motor Accident Claims Tribunal (Main), Bhavnagar, by which both the claim petitions filed under Section 166 of the Act by the respondents/claimants ('the claimants' for short) against the appellant as well as the driver and owner of the truck bearing registration No.GJ -1U -4428 to recover compensation of Rs.14 lakhs in each of the claim petitions on account of the untimely demise of Vallabhbhai Devshibhai Hirpara and Vallabhbhai Nanjibhai Vaghasia in a road accident which took place on 28.3.1995 at about 7 P.M., near village Kosamba, between Dhamrol and Surat, on Ahmedabad - Mumbai National Highway No.8A, has been partly allowed and thereby the claimants of MACP No.398 of 1995, who are the heirs and legal representatives of deceased Vallabhbhai Devshibhai Hirpara, were held entitled to a total compensation of Rs.12,20,000/ - and the claimants of MACP No.399 of 1995, who are the heirs and legal representatives of deceased Vallabhbhai Nanjibhai Vaghasia, were held entitled to a total compensation of Rs.12,40,000/ - together with interest and costs thereon from the date of the application till realization and accordingly the appellant, respondent driver and owner were directed to pay jointly and severally the amount of compensation to the claimants of both the claim petitions.

(2.) AS per the averments made in the claim petitions, on fateful day, Vallabhbhai Devshibhai Hirpara and Vallabhbhai Nanjibhai Vaghasia along with one Valjibhai Jadavbhai Savaliya, who was also injured in the accident, were proceeding in a Maruti Car bearing registration No. GJ -15C -3543 which was driven by Vallabhbhai Nanjibhai slowly and on the correct side of the road. The said car was of the ownership of Amar Textiles Fabrics of which Vallabhbhai Nanjibhai was a partner. All the three persons started their journey from village Savarkundla and they were proceeding towards Surat. When the said car reached near the place of occurrence, a truck bearing registration No.GJ -1U -4428 driven by its driver in a rash and negligent manner and completely on the wrong side of the road came from the opposite direction. It was the case of the claimants that another public career was going ahead of the offending truck. But without taking care of the other vehicles coming from the opposite direction, the driver of the offending truck overtook the truck which was going ahead of it and in that process he left the correct side of the road and came on the wrong side of the road, after leaving the white line divider and entered just opposite the Maruti car, driving it in a rash and negligent manner, in excessive and uncontrollable speed, and dashed his vehicle with the Maruti Car. As a result of the impact, the car was excessively damaged and Vallabhbhai Devshibhai Hirpara and Vallabhbhai Nanjibhai Vaghasia sustained serious injuries and the Valjibhai Jadavbhai Savaliya, who was accompanying them, sustained injuries. Vallabhbhai Devshibhai succumbed to the injuries immediately after the accident while Vallabhbhai Nanjibhai Vaghasia died on the same day during treatment in a hospital at Surat. In respect of the said accident an offence was registered against Punabhai Nanjibhai Koli, the driver of the offending truck, at Kosamba Police Station being CR No.61/1995. On registration of the offence, investigation was carried out. Bodies of both the deceased persons were sent for autopsy. It was further case of the claimants that the accident was the result of rash and negligent driving of the offending truck by its driver. It was further case of the claimants that Punabhai Nanjibhai Koli was the driver of the offending truck and, therefore, he being the tort -feasor was solely responsible for the accident and hence primarily liable to pay compensation to the claimants whereas Sukhdevsinh Ramsinh Jat was the owner of the offending truck and therefore he was liable under the principle of vicarious liability and the said truck was insured with the appellant - United India Insurance Company Limited and, therefore, the appellant is also liable as it has to indemnify the owner for the award passed against him being the insurance company of the offending truck. Therefore, the claimants claimed compensation from all the three opponents jointly and severally.

(3.) MR . Vibhuti Nanavati, learned advocate for the appellant -insurance company in both the appeals, has contended that he challenges the award to the extent of Rs.7,20,000/ - in First Appeal No.1311 of 1997 whereas Rs.7,40,000/ - in First Appeal No.1312 of 1997.