NEW INDIA ASSURANCE CO LTD Vs. SIYA DEVI

JUDGEMENT

(1.) This appeal under section 173 of the Motor Vehicles Act, 1988 is directed against the award dated 14.9.1994 in Motor Accident Claim Case No. 24 of 1991 by Motor Accidents Claims Tribunal, Ambikapur, District Surguja.

(2.) Deceased Sitaram was a driver employed by respondent No. 7 Walia Transport Company. On the date of accident, i.e., on 12.3.1991 Sitaram was taking the truck bearing registration No. DL-l-G- 0160 belonging to respondent No. 7 to Korba. Siyaram, AW 2, was the khalasi, who was also travelling in the said truck. The respondent No. 8 Raj Kumar Patel was driving truck No. URH 9617 which was owned by respondent No. 9 Patel Goods Carrier and was insured by the appellant New India Assurance Co. Ltd. There was a collision between the two trucks, i.e., one being driven by deceased Sitaram and another being driven by the respondent No. 8 Raj Kumar Patel. As a result of the said accident, Sitaram sustained serious injuries. He was treated first at hospital at Renukot and thereafter at Benaras. However, Sitaram ultimately succumbed to the injuries sustained during the accident. The respondent Nos. 1 to 6 are his dependants/claimants who filed the claim petition under section 166 of the Motor Vehicles Act, 1988.

(3.) The finding of the learned Tribunal was that the accident occurred on account of the rash and negligent driving of truck No. URH 9617 by respondent No. 8 Raj Kumar Patel. It was also held that respondent No. 8 Raj Kumar Patel, though he had a licence for driving light motor vehicle, but did not have a licence for driving heavy motor vehicle. However, the Tribunal held that driver Raj Kumar Patel, owner of the truck, Patel Goods Carrier and the appellant New India Assurance Co. Ltd. are jointly and severally liable to pay awarded amount of compensation.