PATHARIBAI Vs. FIRULALJI SHANKALAL

JUDGEMENT

(1.) This order shall also govern the disposal of Misc.Appeal No. 179 of 1981 (M/s. Lalji Shankarlal v. Smt. Pathribai and others).

(2.) This is an appeal filed by claimants against the Award dated 21-2-1981 made by the Motor Accident Claims Tribunal, Dewas praying for enhancement of the compensation amount awarded. Another appeal Misc.Appeal No. 179 of 1981 has been filed by M/s. Lalji Shankar, who is joined in the present appeal as respondent No. 1 being the owner of the truck, against whom an award of Rs. 20,000/- has been passed in favour of the claimants, legal heirs of deceased Karanangh who died as a result of the motor-truck accident.

(3.) The facts leading to this appeal briefly stated are as follows :- Truck No. MPO 1994, on the date of the accident i.e. 15-6-1977, was carrying deceased Karansingh, a labourer (Hammal) along with other labourers (Hammals) employed by Thakur Sawdekar and Co., Khategaon respondent No. 4 to Nasrullaganj to lift bags of Temproo leaves on the truck for bringing the same to Khategaon. The truck met with an accident on the way by colliding with a tree resulting in injuries to the Hammals and ultimate death of deceased Hammal Karanshinh. The driver of the truck at the time of accident was Babukhan, Respondent No. 2. The truck was insured with New India General Insurance Company, Indore respondent No. 5, by respondent No. 1. The Claims Tribunal found the negligence of the driver and awarded a compensation of Rs. 20,000/- to the claimants. The insurer respondent No. 5 was, however, absolved of its liability on a finding that the insured respondent No. 1 had sold the truck to respondent No. 2 under an IKRARNAMA (Ex. 5 D-4) on 31-5-1977, prior to the date of the accident but the Tribunal gave the award against the respondent No. 1 M/s. Lalji Shankarlal.