NATIONAL INSURANCE COMPANY LTD Vs. RANI RAI BAJAJ

JUDGEMENT

(1.) THESE five appeals will be disposed of by this judgment which have been numbered as F. A. O. Nos. 41, 42, 44, 96 of 1966 and 173 of 1967. All the appeals arise out of one judgment of the Motor Accident Claims Tribunal (hereinafter referred to as 'the Tribunal') which was passed in five claim petitions, details of which are given here under. I have also given the number of appeals against eclm in which it has been filed:--Sr. No. 1. 2. 3. 4. 5. Claim aplication No. 15/ct of 1964 19/ct of 1964 20/ct of 1964 21/ct of 1964 22/ct of 1964 Name of the Parties Rani Bai Bajaj and others. v. Darshan Singh and others. Dewan Manmohan Lal v. Darshan Singh and others Pritam Singh v. Darshan Singh and others. Mathura Dass v. Darshan Singh and others. Shrimathi Bhagwanti and others v. Darshan Singh and others ppeal, if field with number and the name of the appellant __________________ _ (i) Appeal filed by Rani Bai Bajaj for enhancement of compensation F. A. O. No. 96 of 1966. (ii) Appeal filed by National Insurance Company Ltd. , F. A. O. No. 41 of 1966. No appeal filed. No appeal filed. (i) Appeal filed by Mathura Dass for enhancement of compensation F. A. O. No. 173 of 1967. (ii) Cross appeal by National Insurance Company Ltd. , F. A. O. No. 42 of 1966. Appeal filed by National Insurance Company Ltd. F. A. O. NO. 44 of 1966.

(2.) THE claim applications were made by different persons arising out of the same accident. The facts briefly are that Car No. P. N. E. 7748 belonging to Krishna Roller and Flour Mills Limited (hereinafter referred to as 'the Mill') was proceeding on November 21, 1963, from Ludhiana to Delhi. It carried four passengers, namely, Shri Mathura Dass, Dewan Manmohan Lal, Gopal Dass Bajaj, Kishori Lal, besides the driver Pritam Singh. At about 9-15 A. M. the car reached near village Bija. The driver of the car saw some carts loaded with bricks which were coming from the opposite side followed by Truck No. P. N. P. No. 6012. The truck while overtaking the carts, collide against the car and on account of the accident, two passengers of the car, namely, Gopal Dass Bajaj and Kishori Lal died and Manmohan Lal, Mathura Dass and Pritam Singh driver received grievous injuries. The car and the truck were also damaged badly. Five applications for claims were filed, the details of which have already been given above. The application given at Serial No. 1 above was filed by Rani Bai Bajaj and others for recovery of Rs. 75,000/- as heirs of Gopal Dass Bajaj, application at Serial No. 2 was filed by Dewan Manmohan Lal for recovery of Rs. 1,00,000 application at Serial No. 3 was filed by Pritam Singh driver, the recovery of Rs. 25,000/- and application at serial No. 4 was filed by Mathura Dass, injured person, for recovery of Rs. 50,000/- respectively. Shrimathi Bhagwanti and others mentioned at Serial No. 5 filed a claim application for Rs. 50,000/- on account of loss suffered by the death of Kishori Lal. In the claim applications, the claimants have alleged the negligence of the driver of the truck, Darshan Singh. The car was insured with National Insurance Company Ltd. (hereinafter referred to as the 'national Company') and the truck was insured with South India Insurance Company Ltd. (hereinafter referred to as 'the South Company' ). The truck was owned by M/s. Moti Ram Darshan Singh and Darshan Singh himself was driving the truck at the time of accident.

(3.) THE claims have been contested by the insurer of the truck, the driver and the owner of the truck and the owner and the insurer of the mill. All of them denied their liabilities for payment of compensation on their part. On the pleadings of the parties, the Tribunal framed the following issues:-