SUNITA Vs. MURLIDHAR MISHRA

JUDGEMENT

(1.) THIS appeal under Section 173 of the Motor Vehicles Act, 1988 is directed against the award dated 24-7-97 passed by III rd Additional Motor Accident claims Tribunal, Satna in Claim Case No. 112/97.

(2.) CLAIMANT's case, in brief, is that on 31 -1 -90 deceased Roshanlal and his wife were going to Maihar Market for selling two bags of vegetables in truck no. M. P. A. 8217 by making payment of Rs. 50/ -. The aforesaid truck was driven by respondent No. 3 who is the real brother of Roshanlal. When truck reached near the Tamas River, Bus No. CPU 7587 driven by respondent No. 1, owned by respondent No. 2 and insured with respondent No. 5 dashed against the standing truck. Roshanlal was sitting in the standing truck sustained injuries and taken to the hospital where in the evening he died.

(3.) THE Tribunal framed as many as four issues and came to hold that the deceased was travelling in the truck as a gratuitous passenger hence, the liability cannot be fastened on the respondent No. 5/insurance Company and the accident took place due to 50% - 50% contributory negligence of both the drivers of bus and truck. The Tribunal has awarded Rs. 1,29,400/- with simple interest from the date of filing of application before the Tribunal to the claimants for the death of deceased Roshanlal and directed that respondent nos. 1 and 2 will jointly and severally make good 50% and rest 50% will be paid by respondent Nos. 3 and 4 jointly and severally with a direction that owner of the truck respondent No. 4 should be return the initial amount of Rs. 12,500/- (awarded for no fault liability) to the respondent No. 5 Insurance Company.