VIMLABAI Vs. SHARIF KHAN

JUDGEMENT

(1.) FOLLOWING questions are referred to this Full Bench:-

(2.) FACTS relevant for the purpose of reference are in a narrow compass. Truck No. H. R. . 38 D-1157 was owned by Satish Kumar (respondent no. 2) whereas the same was being driven at the relevant time by Sharif Khan (respondent No. 1 ). It was insured with the United India Insurance Company (respondent No. 3 ). Claimants/appellants are the legal heirs of the deceased kapoorchand, who was travelling in Jeep No. MP07 H-4205, which met with an accident due to head on collision with the aforesaid truck. Kapoorchand, aged about 35 years, died due to injuries received by him in the accident. Claimants/ appellants being dependents of the deceased Kapoorchand, submitted a claim petition before the Claims Tribunal, Guna. It was found by the Claims Tribunal that the offending truck was being driven at the relevant time in a rash and negligent manner. Accordingly, an award was granted for compensation to the tune of Rs. 2,00,000/- (Rupees Two lacs only) against the owner and the insurance Company since it could not be proved that the offending truck was being driven at the time of occurrence of the accident by the respondent No. 1.

(3.) BEING aggrieved by the aforesaid award dated 31 -7-04, passed by the learned Claims Tribunal, Guna, claimants submitted Misc. Appeal No. 915/04 before this Court for enhancement of compensation. Learned Division Bench after hearing the arguments enhanced the amount of compensation to the tune of Rs. 2,76,000/- along with interest @ 8% p. a. from the date of filing of the appeal till realisation. However, the learned Senior Judge of the Division Bench directed the respondent No. 3/united India Insurance Company alone to deposit the amount of award within a period of two months. Another learned judge of the Division Bench opined that the respondent No. 2 (i. e. , owner of the offending vehicle) is equally responsible with the Insurance Company in joint and several manner. On account of difference of opinion in the manner indicated above, the questions stated hereinabove are referred to this Full bench.