RANJIT Vs. MOHINDER

JUDGEMENT

(1.) This judgment shall dispose off the above mentioned appeals as they arise out of a common award dated 15.9.2005 passed by the Presiding Officer, Motor Accident Claims Tribunal, Panipat (hereinafter described as 'the Tribunal').

(2.) On 2.10.2000 at about 6.00 P.M., a head-on collision is said to have taken place between Truck No. HR-38-2379 and Canter No. HR-39- 0182 causing death of Smt. Shanti wife of Hari Ram, Smt. Sarti wife of Amar Singh, Smt. Rajo wife of Ram Mehar, Smt. Rajo wife of Mahabir, Smt. Rajpati @ Rajo wife of Jagan, Smt. Bhateri wife of Ranjit, Smt. Kalawati wife of Banarasi, Smt. Phoolo Devi wife of Bihari Lal and Karambir, while causing injuries to Kaptan Singh son of Phool Singh, Smt. Jeeyo wife of Bhale Ram, Smt. Maya Devi wife of Prem Singh, Smt. Saroj Bala wife of Ashok, Subhash son of Hari Ram, Smt. Murti wife of Dara, Ashok Kumar son of Hari Ram, Smt. Bala wife of Ran Singh and Smt. Mewa wife of Subhash. All these persons along with some others were returning in the canter in question to their village after attending a Shok Sabha of Smt.Sunil, who had passed away. The accident between the two vehicles was stated to be so intense that the body of the canter separated from its front portion and all the passengers travelling therein were crushed under it resulting in death of few and multiple injuries to others. The driver of the truck also died at the spot.

(3.) As many as twenty one claim petitions were filed by the injured persons and the legal representatives of the deceased, as also the owner of the canter claiming compensation against the owner and the insurer of the offending truck. The owner, driver and insurer of the canter were also impleaded as respondents in some of the claim petitions, whereas the legal representatives of the truck driver were also made parties in three of them. The Tribunal, while answering all the claim petitions by a consolidated award, held that the accident had taken place as a result of rash and negligent driving of the offending truck by its driver and accordingly, awarded different amounts as compensation to the claimants including the owner of the canter for damages caused to his vehicle.