BABURAO VENKATRAO KOTGIRE Vs. VENKATI JAIWANTA THOTE

JUDGEMENT

(1.) FIRST Appeal No. 35 of 1984 is filed by the owners of the offending vehicle being Truck No. MHB 8059; whereas First Appeal No. 6 of 1985 has been filed by the cleaner of this vehicle, who was found to be driving the above truck, which met with fatal accident involving the death of one Jaiwant, aged about 22 years.

(2.) THE appellants in both these appeals have been aggrieved by the award passed by the Motor Accident Claims Tribunal, Nahded, in Claim Petition No. 4/82. The grievance of the owners is that the Insurance Company Original Respondent no.3 has been wrongly absolved from the compensation liability and further that the claimants have been wrongly construed as legal representatives entitled to compensation, and also that the Tribunal landed on the wrong conclusion about the rashness and negligence on the part of the driver of their truck. Incidentally at that relevant time it was the cleaner who is the appellant in Appeal No. 6/85 was driving the truck. The grievance of the cleaner in Appeal No. 6/85 is that he was not holding any motor driving licence at the time of accident and that he cannot be responsible for the compensation as has been awarded by the Tribunal. He, therefore, prays for being absolved from the liability of the compensation.

(3.) COMING to the incident, it is stated that on 5th of December, 1981, the said truck had gone to the land of Pandharinath Khurude of Bahadarpura near Kandhar for transport of sugarcane and the driver of the truck was one Laxman Telang. Respondent No. 2 - Basappa Vowhe was the cleaner on that truck. At the time of the accident, it is claimed that Laxman had gone to take tea leaving the cleaner Basappa incharge of the vehicle. The ignition key was in the truck itself. The labourers loaded the truck with sugarcane and the truck was to be taken to another land which was quite close, for loading the sugarcane. The cleaner - Respondent No. 2 when found that the truck was loaded, drove the truck from that land of Pandharinath Kukude and was to take it at the adjoining field. However, the said truck, according to the claimants, was driven in high speed and the driver lost the control of the vehicle. As a result thereof, the truck collided on the bridge towards the right side of the Nala, and tilted. The deceased Jaiwant, who was sitting on the sugarcane stored on the backside of the truck, fell down and came beneath the truck. He was crushed and instantly died. The claimants contended that the accident took place because of the gross negligence and rashness on the part of the cleaner - Basappa. He was an employee of Respondent Nos 4 and 5 and, therefore, the claimants claimed the compensation of Rs. 50,000/- from all the Respondents.