KISHORI Vs. TRIBAL SERVICE CO-OPERATIVE SOCIETY LTD

JUDGEMENT

(1.) THESE letters patent appeals, presented under Clause X of the Letters Patent, are directed against the common order dated November 20, 1987, passed by the learned single judge of this court in Miscellaneous Appeal No. 305 of 1983 (Kishori v. Chairman, Tribal Services Co-operative Society Ltd. , Sendhwa and others) and Miscellaneous Appeal No. 28 of 1984 (United India Insurance Co. Ltd. v. President, Adim Jati Sewa Sahakari Samiti, Pansemal ).

(2.) BRIEFLY stated, the facts of the case are that on November 23, 1981, 200 bags of chemical fertilizers were being carried for the owner-consignee of the goods, i. e. , the claimant (co-operative society) from Sendhwa to Pansemal and that the truck carrying the goods turned turtle near Bamania Naala due to rash and negligent driving of the truck.

(3.) 125 bags of urea costing Rs. 15,235. 33 were destroyed having fallen in the Naala as a result of the aforesaid accident. The truck in question was insured with the insurance company to cover the liability for damage to any property of a third party. The co-operative society filed Claim Case No. 20 of 1982, before the Member, Motor Accidents Claims Tribunal, Mandleshwar, for compensation. The Tribunal passed the award of Rs. 15,235. 33 with interest amounting to Rs. 772. 18 restricting the liability of. the insurance company to Rs. 2,000 only in terms of the insurance policy. Aggrieved, the owner of the truck filed Miscellaneous Appeal No. 305 of 1983, and the insurance company filed Miscellaneous Appeal No. 28 of 1984. By the common order dated November 20, 1987, the learned single judge dismissed the appeal filed by the owner but allowed the appeal filed by the insurance company and held that it was not liable to pay Rs. 2,000 or any amount and directed that the entire amount of Rs. 16,007 with interest at 12 per cent per annum from the date of the claim petition till realisation was required to be paid by the owner. Aggrieved, the owner has filed these two letters patent appeals, against the order passed in the aforesaid two miscellaneous appeals.