UMA RATHORE Vs. OM PRAKASH

JUDGEMENT

(1.) THIS judgment shall govern disposal of this appeal as well as connected appeals (M. A. Nos. 127, 126, 110, 122, 123, 124, 128, 267, 131, 257, 144, 155 and 132 of 2003) arising out of the same accident, which have been filed challenging the quantum of compensation awarded by the Third Additional Motor accidents Claims Tribunal, Gwalior in claim Case No. 27 of 2002 and other connected cases.

(2.) ALL the claim petitions arise out of the motor accident occurred on 24. 3. 2001 between a truck bearing No. HR 55-4375 and a jeep No. UP 093-D 9168. The truck was coming from Shivpuri to Gwalior, while the jeep was going from Gwalior to shivpuri. As many as 17 persons were travelling in the jeep. There was head-on collision between the truck and jeep, in which number of persons died and some were injured. Claimants have filed separate claim applications which were decided by the Claims Tribunal by separate judgments.

(3.) IN all the claim petitions the Tribunal has held that the accident had taken place due to composite negligence of the driver of the truck and driver of the jeep. Driver, owner and insurance company of the jeep are not joined as parties to the claim petitions and the claim petitions are filed only against the driver, owner and insurance company of the truck. The Claims Tribunal held that accident has taken place due to composite negligence of both the drivers. As per the findings of the Claims Tribunal, the driver of the jeep was liable up to 30 per cent, while the driver of the truck was liable up to the extent of 70 per cent and awarded the compensation. Hence, all these appeals are filed.