NEW INDIA ASSURANCE CO LTD Vs. DEVIDAS DECD

JUDGEMENT

(1.) THIS order shall also govern the disposal of Misc. Appeals Nos. 228 of 1977 and 229 of 1977 which also arise out of the motor accident which happened on December 15, 1973.

(2.) IT is not in dispute that the accident truck bearing registration No. MPF 7535 owned by Devidas since deceased and insured with the appellant against third party risks, was being driven by Madanlal when at about 7 a. m. on December 15, 1973, on the Sanwer Road, at the railway level crossing between Railway Station Manglia and Laxmibai Nagar, it collided against a Running train. The accident had resulted in three deaths. The legal representatives of the deceased filed three separate claim petitions and the learned member of the Motor Accidents Claims Tribunal, Indore, by its separate awards dated July 6, 1977, granted Rs. 11,000 as compensation to each set of claimants. The particulars of the claim cases and the connected appeals are as under:

(3.) ACCORDING to the claimants, the deceased were working as labourers in the truck. At the level crossing, the truck driver did not bring the truck to a halt despite having seen the passing train. He was driving the truck negligently and at high speed and the accident was the result of the same.