UNITED INDIA INSURANCE CO. LTD. Vs. MOHD.TALIB

JUDGEMENT

(1.) Arguments heard finally.

(2.) Both these appeals are being decided by this common order as both are preferred against the common award passed in claim case Nos.66/2002 and 67/2002 by Member, MACT, Sardarpur, District-Dhar arising out of the same accident occurred on 22/01/1998 at about 4 O'clock in the evening due to rash and negligent driving of the driver deceased Vikram of truck bearing registration No. GJ-7-X/1856 causing injuries to respondent No. 1 in both the appeals.

(3.) For the convenience, facts are being taken from appeal No. 2333/2006. According to the facts of the case, the claimants were in the business of manufacturing and selling of the ice-cream (Kulfi). On the date, time and place of the incident, they (claimants/respondent No. 1 of both the appeals) were going from Rajgarh to Godhara with their family members and servants. They were carrying Ice-cream trolleys and other material related to their ice-cream factory (Kulfi Karkhana). Deceased-Vikram was driving the truck. He drove the truck rashly and negligently. The truck turned turtle in a trench of about 200 feet deep. Respondents No. 1 of both the appeals (Sabir and Talib) with some other persons got injuries in their hands, legs, face, chest and other parts of the body. Sabir sustained fracture in nasal bone. Learned tribunal allowed the claim and awarded Rs. 20,000/- to the claimant/Sabir and Rs. 14,000/- to the claimant/Talib as compensation. Learned tribunal held both the respondent No. 1 and 2 i.e. owner and insurer of the truck liable to pay the compensation jointly and severally.