SARDAR JASWANT SINGH Vs. SHAHJADI

JUDGEMENT

(1.) THIS is an appeal under Section 110-D of the Motor Vehicles Act, 1939, against the Award dated 31.3.1984, passed by the Motor Accident Claims Tribunal, Bilaspur, (hereinafter called the Claims Tribunal) in Claim Case No. 31 of 1980: Mst. Shahiadi and Anr. v. Sardar Jaswant Singh and 2 Ors. The appeals is by the non-applicants 1 and 2, who are owner and driver respectively of the truck. The claimants have also filed Cross objection under Order 41 Rule 22 of the Code of Civil Procedure.

(2.) SHORT facts of the case are that on 12.3.1980, the truck No. M.P.L. 4872 was being driven by the appellant No. 2 Jawaharlal, who is an employee of the appellant No. 1 Sardar Jaswant Singh, the owner of the truck. The deceased Abdul Gaffar Khan aged about 32 years was travelling along with and sitting by the side of Jawaharlal, the driver of the truck, About 3 Kilometers away from the village Him, the said truck met with an accident resulting in the death of Abdul Gaffer Khan. The respondent No. 1 is the widow of the deceased Abdul Gaffar Khan. The claim was also filed by Mst. Sugrabi (deceased respondents No. 2), the mother of the deceased Abdul Gaffer Khan, who has expired during the pendency of this appeal and her legal representatives Abdul Rajjak and 9 others have been brought on record. The respondent No. 3 is the Insurance Company.

(3.) THE submission of the learned Counsel for the appellants/non-applicants is that the appellants are not liable to pay any compensation because the accident took place due to mechanical defect The tie-rod of the truck was broken and according to the appellants, the deceased himself was negligent. He jumped out of the truck and died due to the injuries on that account.