REHANA Vs. ABDUL MAJEED AND ORS

JUDGEMENT

(1.) This judgment shall also govern the disposal of L.P.A. No. 8 of 81 (Abdul Majeed and Anr. v. Rehana and Ors.) as both these appeals, though filed by different parties, arise out of the same accident and the same having been filed against the combined order dated 18-2-81 passed in M.A. No. 142 of 1976 (Abdul Mazeed and Anr. v. Rehana and Ors.) and M.A. No. 132 of 1976 (Rehana v. Abdul Mazeed and Ors.) arising out of Claims case No. 19 of 1974, by a single Judge of this Court.

(2.) The Letters Patent Appeal No. 6 of 1981 is filed by the claimant for enhancement of compensation from Rs. 35,000/- to Rs. 50,000/- and also for fastening the liability on the owners & driver of tempo number MPO 9501 as also on the Insurance Company with which the said tempo was insured, for their negligence on the ground that this was a case of composite negligence. Letters Patent Appeal No. 8 of 81 is filed by the owner and driver of tempo number MPO-3983 for holding the owners and driver of the other tempo MPO-9501 also liable for compensation as also the New India Insurance Company Limited with which the said tempo was insured for their negligence on the ground that this was a case of composite negligence.

(3.) The facts giving rise to these appeals which are no longer in dispute and has also been found proved by the two Courts may be stated, in brief, thus. On the night falling between 23rd and 24th November, 1973 around mid-night, tempo No. MPO-3983 belonging to the appellant Abdul Mazeed and driven by Abdul Khalik collided with another tempo bearing No. MPO-9501 belonging to Babulal and Kishanlal and driven by Shankarlal. This accident took place on a cross-road of Jawahar Marg, Indore.' Rehana, a girl aged about 13 or 14 years was travelling in tempo No. MPO-3983. As a result of the collision between the two tempos, one approaching the main road and the other proceeding towards the main road, the tempo in which Rehana was travelling fell on one side and Rehana was trapped under it. She was removed to the M.Y. Hospital, Indore and from there to the J.A. Hospital Gwalior, from where she was discharged after a prolonged treatment on 9-1-1974. She had sustained injuries on her cervical cord and left leg.