ABDUL RAZZAK Vs. SHARIFUNNISA

JUDGEMENT

(1.) This appeal under Section 110D of the Motor Vehicles Act, 1939, is directed against the award of the Motor Accidents Claims Tribunal, Fatehpur, awarding a sum of Rs. 26,400 as compensation to the respondent-claimants.

(2.) Mohammad Ibrahim and Mohammad Nasir hired a public carrier bearing registration No. USF 4322 which was owned by Abdul Razzak, appellant, and insured with New India Insurance Company, respondent No. 7, for carrying onions from a village in District Fatehpur to Kanpur. After loading the onions into the vehicle, Mohd. Ibrahim and Mohd. Nasir who were, co-owners of the goods, boarded the public carrier along with Saeed and Majid in the driver's cabin along with the owner who was driving the vehicle. At about 3.30 a.m. on May 3, 1975, the truck capsized at a place four furlongs to the west of village Malwan on the Grand Trunk Road. The left side of the vehicle fell on the road and the right side went upwards. The left side window of the vehicle got opened and Majid and Nasir were thrown out, and Nasir was crushed under the vehicle and he died instantaneously.

(3.) Smt. Sharif-in-Nisa widow of Mohd. Nasir, and three minor daughters and two minor sons of the deceased, filed a claim petition under Section 110A of the Act claiming a sum of Rs. 70,000 as damages from the owner and the insurer of the vehicle. Abdul Razzak, appellant, filed written statement denying his liability. He pleaded that he was not guilty of any rash and negligent driving. Explaining the reason for the accident, he asserted that a convoy of vehicles was coming from the opposite direction and one of them failed to give pass as a result of which the front part of the vehicle coming from the opposite direction collided with the front part of his vehicle breaking the steering wheel as a result of which the vehicle went out of control and it capsized. The window got opened and the deceased was thrown on the road. He was crushed to death by another vehicle. The insurance company also pleaded that the death of the deceased, Mohd. Nasir, was caused by another vehicle. The insurance company further pleaded that since the deceased was travelling in the goods vehicle, he was not covered by the insurance policy and the company was not liable to indemnify the owner for the damages, if any, awarded to the claimants.