TARABAI Vs. RAHUL TRADING AND FINANCE CO

JUDGEMENT

(1.) Heard learned counsel for the parties and perused the records.

(2.) In view of the legal principle of res ipsa loquitur and a latest judgment of the Hon'ble Apex Court in Kaushnuma Begum v. New India Assurance Co. Ltd., 2001 ACJ 428 (SC), once the vehicle in question was found to have dashed against a tree, no further evidence was required to prove the negligence. Accordingly, the Tribunal is directed to assess the compensation on the presumption that the vehicle was being driven rashly and negligently. Secondly, from para 19 of the award, it appears that some error has been committed in fixing liabilities of the parties. Hence, the Tribunal shall also examine the extent of liability of the insurance company and the private parties for payment of compensation.

(3.) With the aforesaid directions, the M.A. is remitted to the Tribunal for afresh consideration. The parties shall appear before the Tribunal on 24.6.2003. To ensure the appearance of the parties the Tribunal shall issue notice to them. Thus, the M.A. is hereby disposed of. Orders accordingly.