NATIONAL INSURANCE CO LTD Vs. RAMZAN KHAN

JUDGEMENT

(1.) THIS appeal is directed against the award passed by 7th Additional Motor Accidents Claims Tribunal, Bhopal, in Claim Case No. 17 of 1999, dated 18. 4. 2000.

(2.) BRIEFLY stated, the facts are that on 20. 6. 1998, Dawood (30) was travelling by bus No. MP 04-7330, owned by Lakhansingh and driven by Lal Miyan. When the bus reached near Holy Family School, Shanti Nagar, Bhopal, Ashok Leyland dumper No. MP 04-F 8606, owned by Ramgopal and driven by Dashrath at an excessive speed and negligently, dashed against the bus resulting in the accident. As a result, Dawood died on account of the injuries received by him in this accident. Claimants, father and mother of the deceased, preferred claim petition alleging that on account of rash and negligent driving of the dumper by the driver thereof, the accident took place in which Dawood died, who was working as a mechanic/ repairer of dynamos and batteries and was earning Rs. 250 per day. Consequently, compensation of Rs. 15,55,000 is claimed against the owner, driver and insurance company jointly and severally.

(3.) IN reply, the owner and driver of the dumper stated that there was no negligence in causing the accident by them; the dumper was stationary on the left side of the road and the accident took place due to negligence of the driver of the bus which dashed against the dumper, therefore, they are not liable to pay the compensation. Owner and driver of the bus stated they were not responsible for the accident; it was due to negligence and excessive speed of the dumper driver as a result of which the dumper dashed against the bus. It is also stated that it was a case of contributory negligence and in case compensation is awarded, it must be apportioned.