NATIONAL INSURANCE CO LTD Vs. GURUDHYAL SINGH

JUDGEMENT

(1.) AS the questions of law involved in all these appeals are identical and as accident in question, out of which these four appeals arise, is also the same, all the appeals are being decided by this common order. For the sake of convenience averments made in M. A. No. 100 of 1998 are taken note of.

(2.) ON 28. 8. 1993, a Maruti van bearing no. MP 07-2330 driven by the deceased jaktar Singh was going from Morena to gwalior, when Maruti van reached certain spot near Banmore on Agra-Bombay Road it dashed with a dumper standing on the road. The number of the dumper was CIH 7594, it was owned by Murarilal Dubey, respondent No. 2 and Shyam Sundaram was the driver of the said dumper and the appellant National Insurance Co. Ltd. is the insurer of the said dumper. It is stated that the dumper was standing with half of its portion on the road and with no indication or warning signal, as a result, Maruti van rammed into the dumper from behind. The claimant Gurudhyal Singh, the respondent no. 1 in M. A. No. 100 of 1998 sustained serious injuries because of the accident, jagtar Singh, driver of Maruti van, Indrajeet Singh and Kuldeep Kaur who were sitting in Maruti van died because of the accident. In view of this, Gurudhyal Singh filed Claim Case No. 132 of 1996 and the legal heirs of deceased persons also filed claim petitions. The said claim petitions have been allowed and various amounts of compensation have been awarded by the tribunal to Gurudhyal Singh so also the legal heirs of the deceased occupants of maruti van.

(3.) THIS appeal is now filed by the insurance company and the only ground raised in this appeal is with regard to the question of negligence as determined by the Tribunal. Mr. B. N. Malhotra, learned counsel for the insurance company by taking me through the evidences and other material available on record, tried to emphasise that this is a case of contributory negligence. It is argued that the accident took place due to negligence by the driver of Maruti van also. It is submitted by him that by attributing 100 per cent negligence on the driver of the dumper, Tribunal has committed error, accordingly sought interference in this appeal. Placing reliance on a judgment rendered by a Division Bench of this court in the case of National Insurance co. Ltd. v. Sahiba Khatun, 2000 ACJ 168 (MP), so also a judgment of Apex Court in the case of Tamil Nadu State Trans. Corpn. v. Natarajan, 2003 ACJ 1002 (SC), mr. B. N. Malhotra emphasised that in the facts and circumstances as both the drivers were negligent in the matter of discharging their responsibilities attributing negligence only on the driver of the dumper is not warranted.