NEW INDIA ASSURANCE CO. LTD Vs. SHANTI DEVI

JUDGEMENT

(1.) THE accident here was between the two trucks HRH-5995 and PNO-1537 coming from opposite directions. Amongst those killed were Prem Nath and Pawan Kumar, who were travelling in the truck HRH-5995. They were the owners of the goods being carried in that truck at that time. The accident occurred on March 17, 1980 at about 1.30 A.M. on the Sirsa-Hissar Road. The Tribunal held both the truck drivers to blame for the accident; negligence being apportioned at 70 per cent as that of the driver of the truck HRH-5995 and 30 per cent as that of the driver of the truck PNO-1537. Both sets of claimants, that is, widow and children of Prem Nath and Pawan Kumar deceased were awarded as compensation the amount, claimed which was Rs. 40,000/- in each case.

(2.) THE finding of negligence recorded against the drivers of two trucks involved in the accident warrants no interference in appeal, particularly in the context of the previous litigation between the parties where a similar finding was returned. The reference here being to the two separate claims preferred by owners of the two trucks claiming compensation for the damage to their trucks from each other. Both these claims were consolidated and tried together by the Tribunal. A similar finding on the issue of negligence was returned as in the present case. No appeal was preferred against the decision in those claim applications. The finding on the issue of negligence there has' now acquired finality which precludes this Court from giving any contrary finding. In other words, it must be taken as established and settled that the accident occurred on account of the composite negligence of both the truck-drivers with 70 per cent of the blame being that of driver of the truck HRH-5995 and 30 per cent of the driver of the other truck PNO-1537.

(3.) THE prayer for amendment of the claim application was opposed by the owners as also the insurance companies with which the two trucks and had been ensured mainly on the ground that the application was balated and stood barred by time.