TARAPORE AND CO. Vs. PAIRA BAI

JUDGEMENT

(1.) THIS judgment shall also dispose of Misc. Appeal No. 150 of 1987 Tarapore & Co. v. Chetan Chand Choudhary and Ors.

(2.) ONE Arvind Kumar Jain and Mithoolal Mallah boarded truck No. KLF 7931 belonging to the appellant M/s. Tarapore & Co. and driven by Indrajeet Singh. The truck met with an accident and as a result thereof Arvind Kumar Jain and Mithoolal died. Petitions for compensation were filed by Chetan Chand Jain (father of Arvind Kumar Jain) and the legal representatives of Mithoolal. The Claims Tribunal has granted an award of Rs. 26,000/- on account, of the death of Arvind Kumar Jain and Rs. 32,000/-on account of the death of Mithoolal. These appeals have been filed by the owner of the truck M/s. Tarapore & Co. on the ground that the deceased persons were forced passengers in the truck owned by the appellant and, therefore, there was contributory negligence on part of the deceased persons and yet compensation was awarded by the Claims Tribunal against the appellant as owner of the truck, the driver and the Insurance Company.

(3.) AS a result thereof, both the appeals fail and are dismissed with costs. Counsel's fee according to schedule, if certified.