SUSHILA Vs. RAJENDRA PRASAD SHUKLA

JUDGEMENT

(1.) This appeal is directed against the award dated 30.4.94, passed by the Motor Accidents Claims Tribunal (II), Bilaspur, in Claim Case No. 47 of 1986. On 10.4.83, at about 3-4 p.m., Dashrath, who was A-class contractor, was coming from Bilaspur in jeep No. MPZ 4641. The jeep is owned by the State of M.P. and it was being driven by Kashirao (respondent No. 4). It was hit by truck No. MPT 9390 owned by respondent No. 1 (Rajendra Prasad Shukla), driven by respondent No. 2 (Rahilal) and insured with the respondent No. 5 (Oriental Fire & General Insurance Co. Ltd., Durg). On account of this accident, Dashrath died at the spot. The matter was reported to the police by the jeep driver and a case under sections 304-A and 337 of the Indian Penal Code was registered and after investigation, challan was filed.

(2.) The deceased Dashrath was A-class contractor in Public Works Department as also in Irrigation Department and had contracts worth lakhs of rupees. At the time of accident, he had taken contract of M.P. Warehousing Corporation for Rs. 12 lakh apart from undergoing contracts of Warehousing Board for Rs. 11 lakh and Rs. 10 lakh respectively. Many other works mentioned in para 5 of the claim petition were also with the deceased Dashrath individually and in partnership. He was income tax payee. He was agriculturist and was earning Rs. 13,000. In 1982, he earned net profit of Rs. 37,870. Due to this accident, life of claimants became miserable. The deceased wanted his children to be engineer or doctor, giving them good education. But after death of Dashrath, one of his children had to leave study and his life is running to darkness. The deceased Dashrath was Vice-President of Block Congress Party apart from being social worker with high prestige in society. If he could live up to 75 years and he earned Rs. 30,000 to Rs. 40,000 a year, he used to spend Rs. 25,000 on wife and children and in 32 years, he could give financial help to the family. The claimants claimed Rs. 20,000 towards funeral expenses.

(3.) The allegation is that the jeep of Irrigation Department was also responsible for the accident, since it was being driven rashly and negligently by its driver. Therefore, the State of Madhya Pradesh is responsible for this, apart from the insurance company for compensation payable by the owner and driver, since the vehicle was insured with it at the time of accident. The owner and driver of the truck have denied that the vehicle was being driven rashly and negligently resulting in an accident. They stated that it was negligence on the part of the driver of jeep, which caused accident. It is admitted that the members of the deceased Dashrath's family are politicians; therefore, by use of influence, the jeep and the driver thereof have been saved from the blame for the accident. The truck was handed over to Guruvachan Singh of Raipur, on the basis of sale agreement dated 7.2.83 for Rs. 1,15,101. Therefore, at the time of accident, Guruvachan Singh was owner of truck. It is denied that the deceased Dashrath was A-class contractor at the time of accident. Similarly, it is denied that his age was 42 years at that time and that he had contracts worth lakhs of rupees in hand at that time. The income suggested by the claimants has also been denied.