NEW INDIA ASSURANCE CO LTD Vs. JAMELA

JUDGEMENT

(1.) THIS judgment will dispose of F. A. O. No. 103 of 1989 titled New India Assurance Co. Ltd. v. Jamela, F. A. O. No. 1274 of 1991 titled new India Assurance Co. Ltd. v. Pritam singh and F. A. O. No. 1275 of 1991 titled new India Assurance Co. Ltd. v. Champa devi. All these appeals have been filed by new India Assurance Co. Ltd. , Yamuna nagar challenging the judgment passed by the learned Motor Accidents Claims Tribunal, jagadhari (for short 'the Tribunal' ).

(2.) THREE claim petitions were filed on the allegations that on the night intervening 8/9. 7. 1987 Pritam Singh injured-claimant along with deceased Ram Dia hired a truck bearing the registration No. HPN 1229 at khijrabad tax barrier for transporting their mango bags and from Chuharpur, Roshan deen boarded the said truck with mango bags for the same purpose. They were to proceed towards Khanna Mandi. Suresh chand, respondent No. 1, who was alleged to be in drunken condition was driving the truck in a rash and negligent manner. It was also the case of claimants that besides the mango bags, the truck was also loaded with heavy iron rods and when the truck had travelled 8 km from Jagadhari, it dashed against a shisham tree and turned turtle and as a result thereof Ram Dia and Roshan deen died at the spot, whereas Pritam singh claimant suffered serious injuries on his both legs and other parts of the body. It is also the case of the claimants that on the basis of the statement of Pritam Singh injured F. I. R. was registered at Police Station, chhappar against the driver of the truck. Champa Devi, widow of Ram Dia along with her father-in-law and mother-in-law claimed an amount of Rs. 2,50,000 as compensation on account of death of ram Dia, who was aged 20 years. Pritam Singh who was injured in the said accident had claimed compensation of Rs. 60,000 on account of multiple injuries suffered by him whereas Jamela along with other legal representatives of Roshan Deen claimed a sum of Rs. 2,00,000 on account of death of her husband Roshan Deen.

(3.) IN the written statement on behalf of the respondents a stand was taken that the accident had taken place on account of failure of brakes. It was also the case of the respondents that the truck was hired for carrying the fruits and the injured and deceased persons had boarded the truck along with goods. The allegation of rash and negligent driving was denied by the respondents. The owner of the truck, in his written statement, denied the allegations of the truck being driven by Suresh Chand in a drunken condition. The allegation of rash and negligent driving was also denied. It was further the case of the owner that roshan Deen and Ram Dia were travelling in the said truck as non-fare paying passengers and the accident had taken place on the account of negligence of Roshan deen, hence legal heirs of Roshan Deen are not entitled to any compensation.