JAI BHARAT STONE CRUSHING COMPANY Vs. ISMILE

JUDGEMENT

(1.) THIS judgment shall dispose of F.A.O. Nos. 836, 837 and 838 of 1990 as common question of law and facts is involved therein, having arisen out of one accident.

(2.) IN all the afore-stated three appeals, appellant, i.e. the owner of truck No. HRC-6627, has challenged award dated 20.4.1990 passed by the Motor Accident Claims Tribunal, Gurgaon, whereby the Tribunal after finding that the accident took place due to negligence of both the drivers of the trucks, has held their negligence to be contributory to the extent of 50 per cent each; with the direction that since the deceased and the injured were gratuitous passengers in the truck which is contrary to the terms of the insurance policy, Exhibit R-2, the insurance company is not liable to pay compensation qua truck No. HRC-6627 and accordingly, held its driver and owner liable to pay half of the compensation. As regards truck No. HYG-2127, the insurance company with whom this truck was insured, alongwith the driver and owner the truck have been held jointly and severally liable to pay the compensation to the extent of 50 per cent, alongwith interest at the rate of 12 per cent per annum from the date of claim petition till payment.

(3.) IN M.A.C.T Case No. 51 of 1989 (Ismile and others v. Fajru and others) out of which F.A.O. No. 836 of 1990 has arisen, the Tribunal has awarded a sum of Rs. 1,00,000/- as compensation out of which the parents of deceased, Yakub, have been held entitled to receive compensation of Rs. 50,000/- in equal share while the remaining sum of Rs. 50,000/- has been ordered to be paid to the widow, Hafizan.