SHETANBAI Vs. AJAY KUMAR

JUDGEMENT

(1.) This group of 14 appeals, namely, Misc. Appeal No. 515 of 1996 (Shetanbai v. Ajay Kumar); Misc. Appeal No. 516 of 1996 (Kamlabai v. Ajay Kumar); Misc. Appeal No. 517 of 1996 (Laxman Singh v. Ajay Kumar); Misc. Appeal No. 518 of 1996 (Vishnu Kunwar v. Ajay Kumar); Misc. Appeal No. 519 of 1996 (Chaman Singh v. Ajay Kumar); Misc. Appeal No. 520 of 1996 (Kailash v. Ajay Kumar); Misc. Appeal No. 521 of 1996 (Ishwar Singh v. Ajay Kumar); Misc. Appeal No. 522 of 1996 (Bane Singh v. Ajay Kumar); Misc. Appeal No. 523 of 1996 (Lilabai v. Ajay Kumar); Misc. Appeal No. 524 of 1996 (Bahadur Singh v. Ajay Kumar); Misc. Appeal No. 525 of 1996 (Tarabai v. Ajay Kumar); Misc. Appeal No. 526 of 1996 (Kalu Singh v. Ajay Kumar); Misc. Appeal No. 527 of 1996 (Amar Singh v. Ajay Kumar) and Misc. Appeal No. 528 of 1996 (Kamal Singh v. Ajay Kumar) and also the cross-objections filed by the insurance company in all the aforesaid misc. appeals except in Misc. Appeal No. 515 of 1996 (Shetanbai v. Ajay Kumar) are proposed to be decided by this common order; since they arise out of the common award dated 20.1.1996 passed by the Motor Accidents Claims Tribunal, Khandwa.

(2.) Briefly, the facts are that on 10.3.93 Jalam Singh (the deceased) was going to Onkareshwar by Matador No. MP 09-402 to attend the marriage. When he reached Moretakka on way to Onkareshwar, he got down at a village to take water. While he was going to take water, bus No. MKN 4786 driven rashly and negligently by the driver, hit him and struck against Matador. Jalam Singh, Bhanwar Singh, Bane Singh, Mangu Singh and Karan Singh died in the accident while others received personal injuries. The legal heirs of the aforesaid deceased persons and those who received personal injuries, filed claim petitions claiming compensation from the respondents.

(3.) The defence taken is that the bus was being driven at a slow speed while Matador was being driven by driver Anil Kumar rashly and negligently in wrong directions. He was carrying passengers in violation of the insurance policy, since it could not be used for carrying passengers. It struck the bus resulting in damages to bus, apart from causing injuries to the passengers. The liability for accident and compensation are on the owner and driver of Matador. But because of death of owner and driver of Matador in the said accident, the liability should be on the new owner of the Matador. The accident did not take place in the manner as alleged. The facts stated in the claim petitions have been twisted for filing the petition; therefore, damages should be payable by the respondents.