NEW INDIA ASSURANCE CO LTD Vs. RAJNI BAI

JUDGEMENT

(1.) We propose to dispose of both these appeals (Misc. Appeal No. 301 of 1997: New India Assurance Co. Ltd. v. Rajni Bai and Misc. Appeal No. 704 of 1997: Surjeet Singh v. Rajni Bai) by this common order, since they arise out of the same accident, award and between the same parties.

(2.) The claimants are widow, children and parents of deceased Kanhaiya. The allegation is that Kanhaiya was going by truck No. MP-09-K 3260 on 18.12.1994 from Narmada Nagar to Punasa. Sudden application of brakes, the truck was overturned, Kanhaiya sustained fatal injuries resulting in his death. The allegation is also that the deceased Kanhaiya was travelling in the truck along with his goods. The accident took place due to rash and negligent driving, otherwise it would not have taken place nor the occupants of the truck suffered serious injuries. At the time of accident, Kanhaiya was healthy young man of 30-32 age and was driver of heavy vehicle, earning Rs. 3,000 per month. He had three acres of irrigated land, out of which he used to earn Rs. 15,000 annually and he used to pay Rs. 2,000 every month to family. Due to this accident, the family has suffered and has become helpless. The compensation of Rs. 5,40,000 has been claimed under different heads. Criminal case with respect to this accident was registered with the police.

(3.) Surjeet Singh, owner of the vehicle, has denied the plaint allegations. It is stated that the vehicle was not being driven rashly and negligently. Rather, it was being driven at a slow speed. With a view to allow the opposite vehicle to pass, he took the vehicle to the side and it turned turtle. The matter was reported to the insurance company, which is liable to pay compensation in case it is found that the fault was committed by the vehicle owned by him.