JAWAHAR LAL Vs. UNION OF INDIA

JUDGEMENT

(1.) A claim petition under Section 110-A of the Motor Vehicles Act (hereafter referred to as the Act) was filed before the Motor Accident Claims Tribunal, Karnal, by the Union of India through the Commandant 21-Bn. C.R.P.F. Ajmer (Rajasthan), wherein Bishan Dass and Jawahar Lal, the driver and the owner respectively of truck No. HRP/5535, the appellants herein, besides the New India Assurance Company, were prayed as respondent. It was alleged that truck No. AAT-1055 belonging to 21-Bn. C.R.P.F. Ajmer, left Ludhiana for Delhi on official duty at about 7.p.m. on 16-11-1983 with Laxman Ram as its driver. Shri S.P.S. Negi Deputy Superintendent of Police, was also travelling in this truck which was loaded with articles of ration and kitchen wares; When it reached near the area of village Mapra within the jurisdiction of Police Station, Samalkha, truck No. HRP/5535 being driven in a rash and negligent manner by Bishan Das, came from the opposite direction and dashed into truck No AAT; 1055 which was being driven on the extreme left at a slow speed. As a result of the collision, Laxman Ram driver and Shri S.P.S. Negi D.S.P. received injuries. The articles of ration, kitchen wares etc. the cargo of truck No. AAT-1055, were damaged. The loss caused to the Union of India. I thereby was to the tune of Rs. 57,506.40 detailed as under: <FRM>JUDGEMENT_455_TLP&H0_1986.htm</FRM>

(2.) LAXMAN Ram driver later died as a result of the injuries sustained by him in the accident. Through the instant claim petition, the Union of India prayed for award of compensation to the tune of Rs. 57,506.40 due to the loss caused to it. The claim petition was contested by Bishan Dass and Jawahar Lal by filing a joint written statement. The New India Assurance Company filed its separate written statement disputing its liability.

(3.) THE learned Tribunal, vide its award dated 7-6-1985, decided issue No. 1 in the affirmative and held that Laxman Ram died in the accident which was caused due to the rash, negligent and careless driving of truck No. HRP-5535 by Bishan Dass. While deciding issue No. 2, it held that the loss caused to the Union of India was to the tune of Rs. 55,010.40 and awarded this sum as compensation to it along with interest at the rate of 6 per cent per annum from the date of the claim petition till its realization. It was further provided that if the amount of compensation, so awarded, was not deposited by the respondents, who were made liable for the same by 31st August, 1985, they shall render themselves liable for payment of interest at the rate of 12 per cent per annum from the date of the claim petition till realization of the amount of compensation. The liability of the Assurance Company was determined at Rs. 6,000/- only, implying thereby that the remaining amount of compensation would be paid by the owner and the driver of truck No. HRP-5535.