CHANDRALEKHA Vs. ANANTRAM PANDEY

JUDGEMENT

(1.) THIS order shall be read as order in Miscellaneous (First) Appeal Nos. 241 Bhagwandas Jindal v. Chandralekha and Ors. 242 Bhagwandas Jindal v. Anantram Pandey and two others) all of 1973.

(2.) IN a motor accident which took place on 30.9.1966, on National Highway No. 26, two miles this side of Narsinghpur, Ayodhya Prasad Verma died at the spot and Jugal Kishore Rai died five days after in the hospital. Ayodhya Prasad's widow and children filed a claim petition on 21.11.1966, which was renumbered as claim case No. 6 of 1970. The Motor Accidents Claims Tribunal, Narsinghpur, made an award of Rs. 24,684/ - with interest at 3% per annum and held Bhagwandas Jindal and Durga Prasad jointly and severally liable. The Tribunal found that Bhagwandas Jindal was the owner, in control of the vehicle then and Durga Prasad was his driver.

(3.) THE Tribunal also rightly held that the insurance company could not be made liable under the policy which stood in the name of Bhagat Singh. Bhagat Singh had transferred the vehicle without intimation to the insurer. The vehicle came in possession of Dr. Belapurkar who got the registration transferred in his favour. The insurance policy continued in the name of Bhagat Singh. Dr. Belapurkar transferred the vehicle to Anantram Pandey vide receipt Exh. P -8 for a consideration of Rs. 9,000/ -. The real controversy is whether the vehicle was purchased by Jindal and Poonam Chand Kothari or by Anantram Pandey. The second disputed point is whether Durga Prasad was engaged as a driver by Anantram Pandey or by Jindal and even if by Anantram Pandey, was he under the control of his master when the accident occurred or was he lent to Jindal under an arrangement that so long he did Jindal's work, he would be in his exclusive control and would become on ad hoc his servant.