NARMADA PRASAD VISHWAKARMA Vs. SURESHCHAND

JUDGEMENT

(1.) THIS appeal under section 173 of Motor Vehicles Act, 1988 (for short 'the Act') has been filed by the appellants-claimants who are father, mother, wife, sons and daughter of deceased Raj Narayan vishwakarma, challenging the award dated 29. 3. 2000 passed by the Third Additional motor Accidents Claims Tribunal, Gwalior in Claim Case No. 39 of 1993.

(2.) BRIEF facts of the case are that on 8. 6. 1993 Raj Narayan Vishwakarma, driver of the mini truck bearing registration No. MP 04-D 0072 owned by Surendra Singh rathore, the respondent No. 4 and insured by the respondent No. 5 had loaded a consignment of liquor from K. C. T. Drinks pvt. Ltd. at Bhopal and left for Gwalior for delivering the same at Gwalior (along with gopal Giri, employee of liquor company ). On 9. 6. 1993 at about 11 a. m. when the said mini truck was 15 km away from Gwalior near brick kiln situated at Neemuch Dhaba on A. B. Road, at that time the truck driver raj Narayan Vishwakarma was driving the truck very slowly and consciously on the left side of the road. A passenger bus bearing registration No. MP 06-1599 was coming from the opposite direction, the driver of the passenger bus Suresh Chand, respondent No. 1, was driving the bus very rashly and negligently and hit the truck. As a result of which the driver of the truck raj Narayan Vishwakarma and two other persons who were sitting in the cabin of the truck, namely, Sitaram and Bhura died on the spot. Sitaram was the second driver of the said mini truck and Bhura was cleaner in the said truck. The impact of the acci-dent was such that the bodies of all the three persons were stuck in the cabin and after cutting the cabin of the truck the bodies of the deceased and two persons were removed from the said cabin. Gopal giri, AW 2, who was sitting along with the consignment on the back side of the truck had also received injuries. The matter was reported at Police Station, Panihar, against the bus driver and Crime No. 7 of 1993 was registered under sections 304-A, 279, 338, Indian Penal Code against respondent no. 1. After investigation challan was filed and bus was also seized. The respondent no. 1 is the driver of the bus bearing No. MP 06-1599 and respondent No. 2 is the owner of the said bus. The bus was insured with United India Insurance Co. Ltd. , respondent No. 3. Surendra Singh Rathore, respondent No. 4, is the owner of mini truck bearing registration No. MP 04-D 0072. It is averred that the mini truck was insured with New India Assurance Co. Ltd. , respondent No. 5.

(3.) THE appellants who are legal heirs of the deceased filed a claim petition under section 166 of the Act claiming compensation of Rs. 12,80,000 on the ground that the deceased was driver of the truck and he was earning Rs. 2,000 as monthly salary + Rs. 40 as daily diet. The deceased spent rs. 2,000 on the appellants and Rs. 40 per day on his personal expenses. At the time of accident the deceased was 26 years of age. Accident had occurred due to rash and negligent driving of the bus by respondent No. 1 and, therefore, the respondents are jointly and severally liable to pay the amount of compensation.