NEETABAI Vs. BALKISHAN

JUDGEMENT

(1.) This appeal is directed against the award of the Motor Accidents Claims Tribunal, Balaghat, in the Claim Case No. 2 of 2001, dated 21.12.2001.

(2.) Briefly stated, accident took place on 5.6.2000 at 3 p.m. in front of Ramdeo Tiles of Gondia Road, Navegaon, Balaghat, when a Commander jeep No. MP 22- H 8416 was going to Hatta with occupants therein and the truck No. MP 23-DA 2922 driven by Balkishan rashly and negligently hit the jeep. In this accident Pushpraj Munjare, Tundilal, Omkar Meshram and Roshanlal Pichhore died and Ashok Kumar Hanvate suffered injuries. The truck was insured with New India Assurance Co. Ltd., owned by Devendra Singh A. Bhatiya and driven by Balkishan.

(3.) The owner of jeep and the insurance company are also parties in this case. The respondents have denied the claim. They state, inter alia, that the claim is exaggerated. The jeep was being driven by Ashok, who did not possess valid driving licence. He was driving it rashly and negligently. It went out of control and struck against the truck. Owner and driver of the jeep are responsible for this accident. The driver of the jeep did not possess valid driving licence, even otherwise the liability can be apportioned between the two parties involved in the accident. The owner of jeep also alleges that the vehicle was with the Forest Department on lease. It was not being driven by its driver, since Ashok Kumar Hanvate was driving it. Ashok Hanvate admits that jeep was with the Forest Department. He was going from Balaghat to Hatta along with the departmental officials. The truck came from opposite side, driven rashly and negligently and hit the jeep. Against the truck driver, a case under sections 279, 338 and 304-A, Indian Penal Code was registered and challan was filed in the court. The jeep was being driven by Pushpraj Munjare. Therefore, he may be exonerated from the liability. Jeep owner also denied the allegations that the accident was caused by jeep. He says that the jeep was with the Forest Department. It was being driven at a slow speed and carefully, therefore, he may be absolved from the liability to pay compensation.