UNION OF INDIA Vs. UMRAOBI

JUDGEMENT

(1.) This is an appeal by Union of India challenging a judgment and decree passed by III Joint Civil Judge (Senior Division) Nashik on 31/3/1993 in Special Civil Suit No.8 of 1988 by which respondent's suit came to be decreed against the appellants-original defendants viz: Union of India, The General Manger, Central Railway, V.T. Bombay, The New India Assurance Company Ltd and Gulamhussein Amanjibhai Saudagar holding that they are jointly and severally liable to pay an amount of Rs.51,000.00 as compensation to the respondent-plaintiff on account of loss of life of her son in an accident which occurred on 24/1/1979 when deceased son of the plaintiff, as a cleaner, was travelling in a truck of which respondent No.3 was the owner which met with an accident while crossing railway level crossing gate between Nashik Road and Odha Railway Station.

(2.) Briefly stated, the facts are as follows.

(3.) Deceased Maheboob (for short 'deceased') was required to travel in a truck bearing Registration No. MHS 7493 as a cleaner of which respondent No.3 - Gulamhussein Amanjibhai Saudagar was the owner. He was employed with respondent No.3. The said truck was insured with respondent No.2. On the fateful day of 24/1/1979, during the course of his employment, deceased was travelling in the said truck loaded with sugarcane from the field of one Namdeo Rambhau Pekhale which was situated at Odha. From Madsangvi to the field via Nashik by Aurangabad Highway, one had to cross Railway Level Crossing gate which was between Nashik Road and Odha Railway station. The said truck was being driven by one Mohamed Amanjibhai Saudagar who was also employed with respondent No.3.