UNITED INDIA INSURANCE CO LTD Vs. BIMLESH

JUDGEMENT

(1.) VIDE this order six appeals arising out of the Awards of Motor Accident Claims Tribunal relating to the same accident are being disposed of along with cross-objections filed in two of the appeals, i. e. F. A. O. No. 288 and F. A. O. No. 289 of 1985. The judgment is prepared in F. A. O. No. 288 of 1986.

(2.) MOTOR Accident Claims Tribunal, Hissar, vide his Award dated December 16, 1985, allowed compensation in two claim cases. In the case of Smt. Bimlesh and others, a sum of Rs. 96,000/was allowed as compensation on account of the death of Teju and in the case of Smt. Har Kaur and others, a sum of Rs. 1,44,000/- was allowed as compensation on account of the death of Kale Singh. F. A. O. Nos. 288 and 289 of 1986 have been filed by the United India Insurance Co. In the two cases aforesaid respectively, cross-objections on behalf of the claimants have also been filed. F. A. O. Nos. 307 and 308 of 1986 have been filed by the Oriental insurance Co. , in the aforesaid two cases, respectively. In one of the trucks involved in the accident, which was owned by Krishnawanti, one of her buffalo was also being carried which was killed, for which she filed separate claim petition. The Motor Accident Claims Tribunal, vide separate Award of the same date, allowed a sum of Rs. 11,600/ -. Oriental Insurance Company has filed a separate appeal against the said Award which is F. A. O. No. 310 1986. Subhash was one of the drivers of the trucks involved in the accident. He filed a separate claim petition which was decided by the Motor Accident Claims Tribunal vide separate Award dated December 16, 1985. A sum of Rs. 20,000/- was allowed to him as compensation. F. A. O. No. 309 of 1986 has been filed by the Oriental Insurance Company against the said Award.

(3.) THE accident took place on September 10, 1983 at about 3/4 a. m. at a place 8 K. Ms. from Hissar on Hissar-Sirsa road. Teju and Kale Singh were travelling in truck No. HRH-7256. Their six buffaloes were loaded in the truck. Seventh buffalo belonged to Krishnawanti, owner of the track. This truck was insured with the United India Insurance Co. and was driven by Subhash Both Teju and Kale Singh were sitting in the tool box of this truck. They were going from Sirsa towards Delhi Another truck No. HRN 6137 loaded with bajri (gravel) driven by Jagdish Lal was coming from the opposite direction in the middle of the road. On seeing that the aforesaid truck was approaching, Subhash driver suddenly blew his horn and used the dipper of the light. When he noticed that the truck was coming on the wrong side, he (Subhash) in order to avoid the accident swerved his truck towards right The driver of the other truck Jagdish Lal also took his truck on the left side of the road, with the result both the trucks struck against each other in the katcha portion of the road. Teju and Kale Singh died. Six buffaloes and seven calves also died on the spot. Seventh buffalo received grievous injuries and died after three days, Jagdish Lal, driver of truck No. HRN-6137 and one more person travelling in the said truck also died. Smt. Bimlesh widow, Satish and Seema, minor children of Teju, claimed a sum of Rs. 1,50,000/- as compensation. Smt. Har Kaur widow of Kale Singh claimed a sum of Rs. 1,75,000/- as compensation. All the claim petitions were contested by respective parties made respondents in the claim petitions. The two claim petitions were consolidated and following issues were framed :-1. Whether the accident took place due to rash and negligent driving by driver to truck No. HRN-6137 or by driver of truck No. HRH-7256 or due to the composite negligence of both? OPP 2. To what amount of compensation, the petitioners are entitled to get and from whom? OPP 3. Whether the petitioners have no lacus standi to file the petitions? OPR