ORIENTAL INSURANCE CO LTD Vs. GANPAT RAM NAYAK

JUDGEMENT

(1.) Both these appeals arise out of the same judgment and award dated 30th November, 1993 as passed by the Member, Motor Accident Claims Tribunal, Shillong in M.A.C. Case No. 14/93 and 15/93.

(2.) The first case MAC 14/93 was filed by Smt Manbhari Devi, as wife of the deceased driver Baldewa Ram and on behalf of his legal representatives and the second case MAC 15/ 93 was filed by Shri Ganpat Ram Nayak as father of the deceased Handyman Kanta Ram Nayak and legal representative of all the legal heirs of the deceased. Both of whom lost their lives in the motor accident. The Tribunal by the impugned judgment and award in MAC Case No. 14/93 awarded a total compensation of Rs. 2,93,000/- while in MAC CaseNo. 15/ 93 the amount of compensation awarded is Rs, 1,10,600/-. Aggrieved by the same, the insurer M/s. Oriental Insurance Co. Ltd. has preferred these appeals u/s 173 of the Motor Vehicles Act, for short "the Act".

(3.) Few basic facts need be noted. The deceased driver and handyman were employed by the owner of the truck, bearing registration No. ML 05 A/0483. On 13.1.93 the truck was on its usual round to Cherrapunjee. It was driven by Baldewa Ram Nayak, who started from Shillong to Cherrapunjee for transporting cement. The Handyman Kanta Ram Nayak was also on the truck which met with the accident. As alleged by the claimant respondent it was due to the negligence of the owner of the truck who fail to maintain the vehicle in proper condition and order. It lights and brakes were not property functioning as averred by the claimants there was no negligence on the part of the deceased driver. They were instructed by the owner respondent No.2 to make atrip to Cherrapunjee even though it was a foggy night. The truck in question went off the road and fell down into gorge of about 500 ft. below where both the driver and the handyman died on the spot. Their dead bodies were recovered and were brought to the hospital. A criminal case was also registered being GDE No. 365 dt 14.1.93 at the Cherrapunjee Police Station. On obtaining death certificates from the hospital authorities and collecting other material the respective claimant-respondents filed the claim petitions before the Tribunal.