HARI Vs. NATIONAL INSURANCE CO. AND OTHERS

JUDGEMENT

(1.) This appeal and F. A. F. O. Nos. 715/81, 716/81. 717/81 and 718/81 arise out of the same transaction of accident- Common question is involved in these appeals and they are being disposed of by a common order. F. A. F. O. No. 719 of 1981 will be the leading case.

(2.) In brief on 24-4-1978 at about 10.30 p.m. truck No. U. S. B. 9134 was being driven rashly and negligently by the driver Patheroo and without sounding any horn by the driver the truck came down by the side of the road near the floor mill of Ram Nath Lohar and over ran some persons. In the accident Vishwakarma, Smt. Sabodari, Smt. Saraswati and Deena Nath died on the spot. Kumari Munni received grievous injuries. The heirs of Vishwakarma, Smt. Sabodari, Smt. Saraswati and Deena Nath filed Motor Accident Claims No. 9/78, 13/78, 11/78 and 14/78 respectively. Kumari Munni filed the claim petition M. A. C. No. 12/78. All the claim petitions were tried together and Rs. 43,480, Rs. 11,000, Rs. 11,000. Rs. 21,600 and Rs. 62,480 respectively were awarded by the Claims Tribunal. The truck was insured with the National Insurance Company. The claims tribunal held the Insurance Company to be liable to pay to the extent of Rs. 50,000 against the claim of all the claimants and the claims were decreed against the owner and the driver with respect to all the amounts. Being aggrieved Sri Hari Singh owner of the truck has preferred these appeals against the orders in the aforesaid claim petitions.

(3.) I have heard learned Counsel for the appellants claimants and the Insurance Company. The only point pressed before me is regarding the extent of liability of the Insurance Company in these claims.