MAHILA PHOOLVATI Vs. GIRDHARILAL

JUDGEMENT

(1.) U.N. Bhachawat, J.

(2.) THIS judgment shall also govern the disposal of Misc. Appeal (s) Nos. 59, 60, 44, 45, 51 and 52 of 1972.

(3.) THE accident giving rise to the claim cases took place on 26th of April, 1968 at 6.30 a.m. on the Agra -Bombay road near Noorabad hillock. In this accident, two motor vehicles were involved - - One public goods carrier Truck No. MPG 8385 and another an Ambassador car MPB 8100. Girdharilal (Appellant herein in Misc. Appeal (s) Nos. 44/72 and 45/72 Respondent in the other appeals and non -Applicant before the Tribunal (hereinafter referred to as 'the owner') is the owner of the truck. Bhaiyalal (Appellant No. 2 herein in Misc. Appeal (s) No. 44/72, Respondent No. 2 in the other appeals and non -Applicant No. 2 before the Tribunal; hereinafter referred to as 'the driver') is the driver of the truck. The truck was insured with the Jupiter General Insurance Co. (Appellant in Misc. Appeal (s) Nos. 51 and 52 of 1972, Respondent No. 2 in other appeals and non -Applicant No. 3 in claim cases). Ram Krishan (deceased) was the owner of the Ambassador car at the time of the accident.