NATIONAL INSURANCE CO. LTD Vs. KAILASH KUMARI

JUDGEMENT

(1.) THE order in this case will also govern the disposal of Miscellaneous Appeals Nos. 55, 56 and 58, all of 1983 ; and Civil Revisions Nos. 853, 1041, 1045, 1049 and 1058 of 1983.

(2.) THE material facts giving rise to these appeals and revisions, briefly, are as follows: On 29-8-1978, truck bearing registration No. RJB 779, owned by respondent Wardhaman and driven by deceased Ramjankhan, fell into the river between Dohad and Kushalgarh while crossing a bridge. As a result of that accident, Mahendra kumar, whose goods were being carried in the truck, succumbed to the injuries caused to him in that accident. The legal representatives of deceased Mahendra Kumar submitted an application (Claim Case No. 6 of 1979) before the Motor Accident Claims Tribunal, Jhabua, claiming compensation for the death of Mahedra Kumar, alleged to have been caused as a result of rash and negligent driving of the truck by ceased Ramjankhan. As the truck was insured with the National Insurance Company, that company was impleaded as non-applicant No. 3. The claim was resisted by the non-applicants but the Tribunal found that at the material time, the truck was being driven rashly and negligently by the driver, who was in the employment of respondent No. 1 that death of Mahendra Kumar was caused as a result of that accident and that the non-applicants were, therefore, liable to pay compensation. The Tribunal held that the legal representatives of Mahendra kumar were entitled to receive the compensation amounting to Rs. 65,000/- but as deceased Mahendra Kumar was guilty of contributory negligence, because he did not get down from the truck when the driver was attempting to cross the bridge overflowing with water, the claimants were entitled to a sum of Rs. 32,500/- only, by way of compensation and a sum of Rs. 20,000/- for pain and suffering. The Tribunal thus awarded a sum of Rs. 52,500/- to the claimants. Aggrieved by that award, the Insurance Company has preferred this appeal, which has been registered as Misc. Appeal No. 57 of 1983. In that appeal, cross-objections have been filed by the legal representatives of deceased Mahendra Kumar, praying that the Tribunal erred in holding that deceased Mahendra Kumar was guilty of contributory negligence. The owner of the truck, respondent No. 8 has also filed cross-objections contending that the amount awarded was excessive.

(3.) SURESH Kumar son of Hansmukhlal, carrying on business under the name and style of M/s. Kamlesh Kumar Rakesh Kumar, also filed an application before the Tribunal (Claim Case No. 8 of 1979). The claimant's case was that his goods, which were being carried in the aforesaid truck were lost as a result of the aforesaid accident and the claimants were, therefore, entitled to the compensation in that behalf. The Tribunal awarded a sum of Rs. 4,468/04 to the claimants by way of damages. Aggrieved by that award, the Insurance Company has preferred an appeal, which has been registered as Misc. Appeal No. 56 of 1983.