SANJEEV GUPTA Vs. RAM PAL

JUDGEMENT

(1.) Since the common question of facts and law are involved in these appeals and are arising out of the same incident, therefore, these two appeals are being heard and decided by a common judgment.

(2.) These two appeals have been filed by the owner of the truck against the judgment and award dated 6.5.1999 passed in Claim Petition Nos. 51 of 1997 and 53 of 1997 respectively by the Motor Accidents Claims Tribunal, Lucknow.

(3.) The facts in brief in respect of the present appeals are that on 6.4.1997 at about 4.15 p.m. deceased Phoolmati along with her grand daughter (Jagdevi) was coming on Truck No. UP34-A 7952 along with her vegetables for selling in her shop and as and when she reached near Barbar Jahani Market the truck in question, which was being driven by the driver rashly and negligently, fell on the left side of the road in a pit, on account of which various shop keepers, who were sitting in the truck along with their goods received injuries and some of them died. Smt. Phoolmati and Jagdevi happen to be the deceased persons. Claim petition was filed and thereafter the Insurance Company as well as the owner of the truck filed their written statements and the evidence was led by the parties before the Motor Accidents Claims Tribunal and ultimately the claim was made against the owner of the truck. In the connected appeal the award was also passed in favour of the grand-daughter, namely, Jagdevi of the same date. Hence these two appeals.