VIRENDRA KUMAR Vs. GANDHARV SINGH DONGRA

JUDGEMENT

(1.) THE appellant driver has filed the two appeals, M. A. Nos. 68 of 1987 and M. A. No. 79 of 1987, under Section 110-D of the Motor Vehicles Act, 1939 (for short 'the Act'), aggrieved of the common award dated 27. 11. 1986 passed by Additional Motor Accidents Claims Tribunal, Jabalpur in Claim Case No. 12 of 1982 for the death of Raja Dongra arising out of motor accident on 7. 2. 1981 a compensation of Rs. 11,000/- was awarded and in Claim Case No. 13 of 1982 an amount of Rs. 20,000/- as compensation for the death of Ganesh Datta was awarded with interest at the rate of 10 per cent per annum, exonerating the owner of the jeep and the insurance company holding that the driver exceeded his authority in carrying passengers beyond the scope of his employment. The legal representatives of deceased Ganesh Datta have filed M. A. No. 87 of 1987 and M. A. No. 88 of 1987 has been filed by the legal representatives of the deceased Raja Dongra for enhancement of the compensation.

(2.) FACTS giving rise to these appeals are these. Admittedly the appellant Virendra Kumar is the driver of the University who was entrusted with the jeep in the evening of 6. 2. 1981 to drop officers of the University next morning at the bus station. On the next day morning when the appellant/driver dropped the passengers at the bus station where according to the driver Accountant Mishra who was one of the two officers, directed the driver to get the service of the vehicle done at any service station. Therefore, at about 9. 30 a. m. as there was strike, after washing and cleaning the vehicle when the driver was going to Singhai Petrol Pump towards Bajna Math some persons without his permission came in the jeep and compelled the driver to carry them. When the jeep was going towards petrol pump near Chouhani Chowraha, truck No. MPO 3735 owned by one Bhurelal, respondent No. 2 and driven by Sharvanlal, respondent No. 1, carrying angle-irons came from opposite direction at high speed. Some portion of iron rods was out of the 'dala' of the truck which struck against the jeep causing damage to wind-screen and hood of the jeep, as a result of which the jeep did not remain in control of the driver and dashed against a culvert as a result of which Raja Dongra, aged 20 years fell down from the jeep and was crushed by the truck. The neck of other passenger Ganesh Datta, aged 18 years who was sitting in the jeep was cut by the iron rods. Both died instantaneously. The legal representatives of deceased Raja Dongra claimed compensation for the death arising out of the motor accident in a sum of Rs. 1,20,000/- and the legal representatives of Ganesh Datta claimed Rs. 2,00,000/ -.

(3.) IN Claim Case No. 13 of 1982 on the defence raised by the owner of the jeep, i. e. , the Jawaharlal Nehru Krishi Vishwavidyalaya (University), issue Nos. 11 and 12 were framed which are reproduced thus: (Omitted) To prove the special defence raised by the University of which issue Nos. 11 and 12 were framed, University did not examine any witness nor put any question to its driver Virendra Kumar, N. A. No. 1. No cross-examination was done on the case put up by N. A. No. 1 that he was instructed by Accountant Mishra to take the vehicle for servicing. Accountant Mishra was also not examined in rebuttal to controvert the story as put up by N. A. No. 1. However, N. A. No. 1 in cross-examination by the insurance company, in para 17 admitted that he had no authority from the Agricultural College to allow and carry any passenger in the jeep. In para 18 he admitted that the jeep cannot be used as a taxi nor he was having any authority to admit passengers in the jeep.