SARDAR MAHENDRA PAL SINGH Vs. PRAKASH CHAND GOYAL

JUDGEMENT

(1.) BY this miscellaneous first appeal presented under section 110-D of the Motor Vehicles Act, 1939 (hereinafter referred to as the Act) the appellants who are the owner and driver respectively have challenged the award passed by the Motor accidents Claims Tribunal (hereinafter referred to as the Tribunal) whereby a sum of rs. 17,000/- has been awarded in favour of the claimants i. e. the present respondents nos. 1 to 8.

(2.) THE short facts leading to this appeal are as under :late Shri Shikhar Chand goyal (hereinafter referred to as the Deceased) was running a business of cattle feed (Bhusa) coal and other articles. His business activity included transposition of cattle feed from Seoni to Bhilai and coal/charcoal from Bhilai to Seoni. For similar purpose on the fateful day of 6-6-1977, the deceased hired a truck No. MHG3227 of which the appellant No. 1 is the owner and Appellant No. 2 is the driver and respondent No. 9 is the insurer.

(3.) AFTER loading the truck with coal/charcoal at Bhilai, the deceased sat on the truck, It is alleged that the truck driver indulged in rash and negligent driving with excessive speed, and as a result thereof he could not control the truck; consequently the truck met with an accident near Pendra village 5 kms. away from Rajnandgaon, and after hitting a culvert the truck turned topsy turvy. The truck driver, left the place without noticing, among other things, that the deceased was buried under the tumulus coal.