PATIRAJ SINGH Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) These appeals have been preferred by the owner, aggrieved by an award dated 11.2.2005 passed by First Addl. Motor Accidents Claims Tribunal, Sidhi. All these cases arise out of the same accident.

(2.) It is averred by the claimants that the deceased persons used to do the work of labour. On 28.3.2002 deceased persons and two injured persons were going in Tata truck 608 (MP 17-A 2136). Deceased and injured were labourers. They were going towards Churhat, truck was driven by Munnalal Kol in a rash and negligent manner, dashed with another stationary truck (MP 17-C 2084). Driver of the truck 608, Babulal, Lalji, Daduwa Yadav, Ramraj Singh died in the accident. Accident was the outcome of rash and negligent driving of the driver Munnalal Kol. Udaybhan and Shivcharan sustained injuries. Report of the incident was lodged at the concerned police station. Post-mortem of the deceased was performed. Injured were also medically examined. Claimants have prayed for just compensation.

(3.) The owner in the reply denied the allegations and contended that Munnalal Kol had no permission to go to load the wooden logs. He was not allowed by owner to load the logs. Without permission, he had taken certain incumbents for which owner cannot be said to be responsible. Driver was instructed to leave the truck at the petrol pump, Churhat. He loaded certain wooden logs and was going to Churhat for unloading. The owner, driver and the insurer of other truck were also necessary parties.