KHATOONBI Vs. PRITHVIPAL SINGH

JUDGEMENT

(1.) This order shall govern disposal of M.A. No. 70 of 1991 (Claim Case No. 39 of 1980), M.A. No. 71 of 1991 (Claim Case No. 40 of 1980) and M.A. No. 268 of 1991 (Claim Case No. 38 of 1980) as they arise out of the same accident and involved common question of law and fact.

(2.) The claimants' case in all the three Claim Case Nos. 38, 39 and 40 of 1980 was that in the night intervening 27 and 28.8.1979, respondent/non-applicant No. 1, the driver, brought truck No. HRD 6540 loaded with cattle to Lakshman Mandi, Indore where he was to unload the same and asked four boys, Iqbal Ahmed, Abdul Jahoor, Abdul Karim and Jakir to sit on the cabin of the said truck and thereafter, he drove it rashly and negligently and passed beneath the railway bridge at Nasiya. Since the height of the said railway bridge is quite low, the boys sitting on the cabin of the said truck got struck against the bridge as a result of which Iqbal Ahmed and Abdul Karim died on the spot and Abdul Jahoor died after 14 days. Jakir also sustained injuries but survived. Salima Jenab, mother of deceased Iqbal, Mukhtyarbi, mother of deceased Abdul Jahoor and Khatoonbi, mother of deceased Abdul Karim, filed Claim Case Nos. 40, 38 and 39 of 1980 and claimed Rs. 1,08,000, Rs. 1,44,000 and Rs. 1,14,000 respectively. The respondents resisted the claim. The Tribunal found that the accident occurred due to rash and negligent driving of the offending truck by respondent No. 1 as a result of which Iqbal Ahmed, Abdul Karim and Abdul Jahoor died and awarded each claimant compensation of Rs. 40,000. However, it absolved the insurance company from payment of compensation on the ground that the deceased were travelling in the truck as gratuitous passengers. Hence, these appeals by the claimants for enhancement of compensation amount and making the insurance company liable to pay the amount of compensation.

(3.) We considered the arguments advanced by counsel for both sides and perused the evidence on record. From the unrebutted evidence of Abdul Hamid, it has been proved that the respondent/nonapplicant No. 1 drove the offending truck rashly and negligently at high speed and without taking care of the safety of the deceased boys who were sitting on the cabin, passed through the Nasiya Bridge as a result of which they got struck against the bridge, sustained injuries and died.