VIJAY Vs. LAKHMI CHAND JAIN

JUDGEMENT

(1.) These three appeals under Section 110-D of the Motor Vehicles Act, 1939 (hereinafter referred to as 'the Act', arise out of a common award under Section 110-B of the Act, one by the claimants, another by the owner of the vehicle and third by the insurer. Since the parties are the same and the appeals arise out of the common order and most of the questions are same, they are heard together and are disposed of by this judgment.

(2.) Owner's appeal has been dismissed for default. Mr. B.D. Madhyan, learned counsel, stated that the three appeals were being listed periodically for hearing. On the date the appeal of the owner was dismissed for default, he had inadvertently missed the list, he could not appear when appeal was called for hearing. The other two appeals, which were to be heard together with this appeal, however, have not been disposed of on that day. In such circumstances it is submitted that owner should not suffer on account of the mistake of the lawyer on whom he had trusted and had put reliance that the appeal would be argued effectively along with other two appeals. If two other appeals had been disposed of on that day, we might not have entertained such submission. When the other two appeals have not been disposed of as yet, interest of justice would be served in case owner of the truck is also given opportunity to be heard on merit of the appeal. Accordingly, we recall order of dismissal and restore First Appeal No. 95 of 1979, which is to be heard along with other two appeals.

(3.) Claimants are widow of the deceased, aged 19 years, and his parents. Their case is that deceased aged 21 years, who is only son of his parents, was employed by his sister as driver of her tractor. He went with the tractor to repairing shop. On 3/4.10.1976 at about 3.30 a.m., when the deceased was sleeping in front of tractor at repairing shop, he was run over by the truck UPG 5269 on account of negligence of the driver as a result of which sustaining fatal injuries, deceased succumbed at the hospital. Therefore, they claimed compensation of Rs. 4,82,000/-towards loss of dependency, affection, care and companionship to all, consortium of the wife and funeral expenses.