SHAMMI MALIK Vs. AMRIK SINGH

JUDGEMENT

(1.) THIS shall dispose of FAO Nos. 613 and 1418 of 199,6 as both these appeals arise out of award of the Motor Accident Claims Tribunal, Kurukshetra. The accident had taken place on 14. 9. 1993 at about 4 AM on G. T. Road in the area of village Dhantori, P. S. Shahbad, District Kurukshetra.

(2.) AS set out in the claim petitions, the case of the claimants is that on 10. 9. 1993 the deceased, Adarsh Malik along with his wife, Shammi Malik and son, Master Ashish Malik left for Vaishno Devi in Maruti car No. DL-3ca-2986 driven by deceased, Suresh Kumar. On 14. 9. 1993, Adarsh Malik, Smt. Shammi Malik and Master Ashish Malik and driver, Suresh Kumar started their journey for Delhi in the aforesaid car. The car was being driven by Suresh Kumar at a very moderate speed. Adarsh Malik was occupying the front left seat, whereas Smt. Shammi Malik and Master Ashish Malik were occupying the rear seat. At about 4 A. M. when their car reached near village Dhantori at a distance of 10/11 kms from Shahbad towards Delhi, truck No. HRF-5269 driven by Amrik Singh came at a very high speed and without blowing any horn and giving any signal, overtook the car very rashly and negligently, as a result of which the driver of the Maruti car slowed down the speed and took the car towards his extreme left side, but in the meantime, Amrik Singh all of a sudden and without giving any indication, applied the brakes of truck, as a consequence of which the maruti car rammed into the truck and the entire car came under the truck. As a result of the accident, Adarsh Malik and driver, Suresh Kumar sustained serious injuries. Adarsh Malik succumbed to injuries at the spot whereas driver Suresh Kumar succumbed to injuries at PGI, Chandigarh on the same day. Smt. Shammi Malik and master Ashish Malik also sustained injuries. After the accident, Amrik Singh, driver of the truck, got down from the truck but after seeing the injured persons, fled away from the spot alongwith the truck, Smt. Shammi Malik had also become unconscious and was taken to Civil Hospital, Shahbad, for treatment. The case of the claimants was that the accident had taken place on account of negligence of Amrik Singh who was driving the truck in a reckless manner, rashly and negligently without adhearing to the traffic rules and regulations. The claimants alleged that Amrik Singh, driver of truck, was in the employment of Teja Singh and Mohinder Singh and the vehicle (truck) was insured with National Insurance Company Limited. Two claim petitions were preferred; one by Shammi Malik, Master Ashish Malik, Narain Dass and Smt. Kaushalya Rani, i. e. widow, minor son, father and mother of the deceased. Adarsh Malik, while the second claim petition was preferred by Veena Devi, Munshi Ram and Smt. Lila Devi, i. e. widow, father and mother of deceased, Suresh Kumar, driver.

(3.) THE main controversy between the parties to the appeals is whether the accident was caused due to negligence of Suresh Kumar, driver of maruti car or it was caused due to negligence of Amrik Singh, truck driver, or in the alternative if both contributed, then what was the extent of liability of each of them. According to the counsel for the claimants, negligence was with the truck driver as he failed to take necessary steps to avoid the accident. Further according to him, before over-taking the car it was the duty of the truck driver to see whether any vehicle was coming from the opposite direction and it was also his duty to give some sort of direction before stopping the truck all of a sudden. On the other hand, counsel for the truck owners submitted that the learned Motor Claims Tribunal has rightly found that the accident took place due to negligence of car driver and he contributed to the extent of 75 per cent.