UMABAI Vs. KHEMCHAND

JUDGEMENT

(1.) DECEASED Ramesh was working as labourer in Truck bearing registration No. CPQ 3943. He was travelling in the said truck when another truck bearing No. CPQ 7398 came from behind. The truck belonging to M. P. E. B. in which the deceased was travelling gave the side. While overtaking, the two trucks collided due to which Truck No. CPQ 3943 turned turtle and Ramesh died in the said accident.

(2.) THE truck owned by M. P. E. B. bearing No. 3943 was insured with Oriental Insurance Company and was driven by Krishna Kumar. Truck No. 7398 was driven by Jagdish Prasad and the said truck was insured with New India Assurance Company. The claimant, widow of Ramesh, prayed for an award of Rs. 2,50,000/- on account of death of Ramesh, her husband. The owner of Truck No. CPQ 7398 denied the accident. The truck was insured with New India Assurance Company for the period 4-4-89 to 25-11-89, hence it was submitted on behalf of the insurance company that it was not liable to pay any compensation to the claimant.

(3.) THE M. P. Electricity Board and the driver of its truck took the plea that the other Truck No. CPQ 7398 was being driven in rash and negligent manner and without any indication all of a sudden the truck was stopped due to which Truck No. 3943 met with the accident. In the said truck employees of M. P. E. B. were coming back from Area Store, Sagar. Side was given by M. P. E. B. truck to the other truck. Thereafter the said truck after overtaking stopped all of a sudden after some distance without any signal due to which M. P. E. B. truck had to be taken to the right side on account of which it slipped and fell in a ditch.