PANDURANG NARAYANDAS SARDA Vs. SUBHASH GOPAL CHANGALE

JUDGEMENT

(1.) AS all these four appeals arise out of the common judgment and order passed by the Motor Accident Claims Tribunal, Satara dated 23rd of August, 1988, they were heard together and are being disposed of by this common judgment.

(2.) IN an accident which took place on 28th of May, 1984 at about 9 a. m , four i. e. Sandip, Sharad, Sudhakar and Prabhakar died and one Somnath was seriously injured. The Standard Car MHY 4121 initially belonging to one Dr. Harshe of Satara, the appellant who was the Manager of the Janata Sahakari Bank Ltd. Satara. On 13th of March 1984 the Insurance policy of this car was transferred in the name of Pandurang Narayandas Sarda. All the liabilities thereafter were accepted by the New India Insurance Company pertaining to third part risk. Within 2 1/2 months after its transfer the accident took place. Kishor Pandurang Sarda is the son of Pandurang Narayandas Sarda. On the date of accident Pandurang and other members of the family had gone out, Kishor who was then a minor took out the car for joy ride. While he was returning to the city he lost control over the car which left the road, crossed the Nala and entered the Warangh of the hotel and dashed against the wall of the hotel. Two out of the five boys who were playing died on the spot and two others died later in the hospital after admission. The only surviving boy was Somnath, the applicant No. 1 in MACP No. 248 of 1984. It is also in admitted fact that at the time of accident Sandip was 8 months old Sharad was about 11 years old, Sudhakar and Prabhakar were aged about 14 and 11 years old, Sudhakar and Prabhakar were aged about 14 and 11 years respectively and Somnath the boy injured was aged about 12 years. Dependants of the children filed separate claim petitions before the accident claims Tribunal at Satara. The learned member of the Tribunal came to the conclusion that the accident took place because of the rash and negligent driving at Kishor. He also came to the conclusion that Kishor was not holding any valid driving licence at the time of accident and was also incapable of having a valid driving licence. After appreciating all the evidence on record, the learned Member of the Tribunal granted compensation to the dependants of the deceased, but however, held that the Insurance Company was not liable to indemnify the owner in that behalf. As already observed against this finding of the learned Member of the tribunal, Present appeals are filed by the original applicant No. 2, Owner of the car.

(3.) SINCE in these appeals it is not disputed that the accident took place because of the rash and negligent driving of Kishor, it is not necessary to deal with the evidence in that behalf. To say the least from the evidence it appears that Kishor was not able to control the vehicle as a result the car left the road, crossed the Nala entered the Varandh of the hotel. Hence a conclusion is inavitable that the accident took place because of the rash and negligent driving of the drive Kishor, son of the owner of the car Pandurang Narayandas Sarda.