PREM KUMARI RAKHEJA Vs. R K DADEJA

JUDGEMENT

(1.) This order will dispose of F.A.O. No. 852 of 1985 (Prem Kumari Rakheja v. R.K. Dadeja), F.A.O. No. 780 of 1985 (Haryana State Minor Irrigation Tubewell Corporation v. Motor Accidents Claims Tribunal, Sirsa and F.A.O. No. 791 of 1985 (Danesh Singh v. Prem Kumari Rakheja).

(2.) These three appeals arise out of the award of the Motor Accidents Claims Tribunal, Sirsa, dated 11.3.1985, whereby a sum of Rs. 1,15,200 has been awarded to the claimants by way of compensation on account of the death of Chiman Lal Rakheja, who at the relevant time, was working as a Sub Divisional Officer with the Haryana State Minor Irrigation Tube-well Corporation (hereinafter referred to as 'the Corporation').

(3.) The facts of the case are that on 12.2.1981 the deceased along with N.K. Jain, Sub Divisional Officer was travelling from Sirsa to Fatehabad in a jeep bearing No. HRB 7754, belonging to the Corporation and being driven by Danesh Singh, driver. The jeep was also under the supervision and control of the senior officer, R.K. Dadeja, respondent No. 1. At about 8 p.m. while they were in the area of village Bahauddin, the jeep met with an accident with a camel cart which was going on the left side of the road and in the same direction as the jeep and as a result thereof, Chiman Lal Rakheja received serious injuries. He was removed to the Civil Hospital, Fatehabad for treatment and thereafter to the Medical College, Rohtak where he died on 1.5.1981 due to the injuries sustained by him. A first information report had earlier been registered (on 13.2.1981) at Police Station Sadar, Sirsa regarding this accident. A claim petition was thereafter filed by his widow Prem Kumari, his parents and minor children claiming compensation to the tune of Rs. 4,00,000. The claim was controverted by the respondents but for different reasons. It was pleaded by Danesh Singh driver that R.K. Dadeja and not he had in fact been driving the vehicle at the time of the accident. This version was supported by N.K. Jain. R.K. Dadeja, however, denied the fact that he had been driving the vehicle and pleaded that it was Danesh Singh who was driving the jeep at the relevant time. It was, however, pleaded by both these respondents that the accident had not happened on account of the negligence on the part of the driver of the jeep but had happened as the camel cart, which had extended wooden structures on it had been coming on the wrong side of the road.