FAGANI Vs. PRAKASH

JUDGEMENT

(1.) THIS group of five appeals (Misc. Appeal No. 1054/95, Smt. Fagani and Anr. v. Prakash and Ors. , Misc. Appeal No. 278/96, Natthu v. Prakash and Ors. , Misc. Appeal No. 285/96, Kishan and Anr. v. Prakash and Ors. ; Misc. Appeal No. 286/96, Kunji v. Prakash and Ors. and Misc. Appeal No. 287/96, Thumuru v. Prakash and Ors.) are proposed to be decided by this common order, since they arise out of the same accident with separate awards.

(2.) BEFORE taking up all the cases for determination of compensation, facts about taking place of accident be mentioned. The accident took place on 18-1-1993. The deceased Ratan Gond and other injured claimants were travelling by Jeep No. MP-04 J/0282 from Betul to Multai against the payment of fare of Rs. 8/- each. The driver did not control the vehicle, which turned turtle resulting in death of Ratan Gond (44) and injuries to Natthu, Kishan, Smt. Sumitra, Kunji and Thumuru. Accordingly, compensation has been claimed alleging rash and negligent driver by the driver resulting in the accident.

(3.) THE defence taken by the owner and driver of the jeep is that the truck came from opposite direction and with a view to avoid the accident, the jeep was taken to the side where it turned turtle. The Insurance Company has alleged that the vehicle was used for hire and reward though it was insured for private use. Consequently, it is not liable to pay the compensation.