PRADIP KOTKAR Vs. SHER SINGH

JUDGEMENT

(1.) THIS is an appeal preferred under Section 110 -D of the Motor Vehicles Act, against ah award made by the Motor Accidents Claims Tribunal, Dhar, in Claim Case No. 66 of 1981 on 29.7.1983.

(2.) THE matrix in short is that the truck bearing registration No. CPE 9018 is owned by respondent No. 2, Dilip Kumar. This truck at the relevant time was being driven by the respondent No. 1, Sher Singh, as an employee of the owner of this truck. This truck was insured with the respondent No. 4. The Matador bearing registration No. CPB 8901 was owned by respondent No. 3, Khalil Mohammad. This was being driven by one Iqbal Mohammad (since deceased) at the relevant time. On 22.11.1980, this Matador was proceeding from Indore towards Maheshwar while at the same time, the truck noted above was coming towards Indore. These two vehicles collided at about 11.45 a.m. on 22.11.1980 near village Dhamnod about 4 to 6 km. away from Indore. The driver of the Matador, however, died on account of the injuries sustained in this accident. Certain employees of Godrej Company were going on picnic from Indore to Maheshwar. This Matador was taken by them on hire for this purpose. In this accident, Sushant Chatterjee and Shailja Sule were killed while the four others, Pradip Kotkar (the appellant in this case), Gita Rao, Kailash Thakur and Deodas were injured. These three other injured persons also filed the claim petitions. The respondents denied their liability and contended that they were not liable in any manner. The fault was attributed to the driver of the Matador.

(3.) I have heard Mr. S.C. Bagadiya, the learned counsel for the appellant and Mr. A.H. Khan, learned counsel for respondent No. 4, National Insurance Co. Ltd., Indore. No one appeared for the respondent Nos. 1, 2 and 3.