BATTANLAL AND ANOTHER Vs. AMRIT KAUR AND OTHERS

JUDGEMENT

(1.) This Order governs the disposal of M.A. No. 290/90 filed by owner and driver of truck No. M.P.C. 4297 and M.A. No. 8/91 filed by claimants against the Award dated 26th June, 1990 passed by 1st Additional Motor Claims Tribunal, Dewas, in claim Case No. 71/88 whereby the claimants were awarded compensation of Rs. 2,35,200.00.

(2.) The case of the claimants is that on 6th March, 1984 deceased Gurucharan Singh, the husband of applicant No. 1, the father of applicant Nos. 2 & 3 and the son of applicant No. 4, was driving video coach bus No. M.N.P. 8103 from Indore to Chennai. When it reached near Village Khatambha, 10 kms. away from Dewas towards Sonkachha, the appellant Rajakhan/non-applicant, driver, came from Bhopal driving truck No. M.P.C. 4297 owned by appellant No. 1 and insured with respondent No. 3, rashly and negligently and dashed it against the above bus, as a result of which Gurucharan died on the spot. The deceased was aged about 32 years. He was going to ply his own bus. The claimants filed petition for payment of compensation of Rs. 5,00,000.00. The non-applicants resisted the Claim and inter alia pleaded that Gurucharan Singh himself was driving the bus rashly and negligently and contributed to this accident. The Insurance Company also pleaded that its liability was limited under Sec. 95(2) of the Motor Vehicles Act, 1939 (for short the Act). The learned Tribunal after recording evidence of both parties awarded compensation of Rs. 2,35,200.00. However, it held the Insurance Company liable to pay only Rs. 50,000.00 and rest of the amount was ordered to be paid by the owner and the driver of the truck, the appellants of appeal No. 290/90.

(3.) Shri Samwatsar, learned Counsel for the appellants (M.A. No. 290/90), argued that the Tribunal committed error in finding that the accident occurred due to rash and negligent driving of the truck by Rajakhan. From the evidence of Rajakhan and other material, it has been established that the accident was the result of rash and negligent driving of the bus by deceased Gurucharan Singh. He further argued that the liability of the Insurance Company is unlimited as the insured had paid extra premium for increased third party liability. Shri Goyal, learned Counsel for the Insurance Company, supported the award and submitted that the liability of Insurance Company was limited to Rs. 1,50,000.00 only, in view of Sec. 95(2) of the Act. Shri Neema, learned Counsel for the appellants (M.A. No. 8/91), submitted that the amount of compensation be enhanced and Insurance Company be directed to make payment of the whole amount.