MAN SINGH Vs. JAMNA DEVI

JUDGEMENT

(1.) Both these appeals are being disposed of by a common judgment as they arise out of the same judgment of the learned Motor Accident Claims Tribunal-II, Kangra at Dharamshala.

(2.) FAO No.410 of 2008 has been instituted by the Insurance Company which was the third respondent before the learned Tribunal below and FAO No.417 of 2008 has been instituted by Man Singh, owner of the vehicle, who was respondent No.2 before the trial Court.

(3.) The petitioners-respondents Jamna Devi is wife of the deceased Raj Kumar, who died in the accident, Akash Kumar minor son and Baby Roshni minor daughter, Amar Bahadur, father and Savitri, mother of the deceased. The claimants have pleaded that the deceased was a driver and was getting a salary of Rs.3500/- per month and in addition to it, he was also getting Rs.50/- per day as allowance for meals etc. from his employer. On 24.09.2004, he was traveling in the accidented vehicle No.HP-45-0991 which was being driven by respondent No.1 Ajay Kumar towards Saach. When they reached near post office, Killar at about 8.30 P.M., the driver lost control over the vehicle as he was driving it in a rash and negligent manner as a result of which the vehicle rolled down resulting in fatal injuries and Raj Kumar died on the spot. Respondent No.1 contested the petition on the ground of maintainability etc. He admitted that FIR No.21 of 2004, dated 24.9.2004 was infact registered, but he denied any involvement in wrong doing. Respondent No.2 did not put in appearance and was proceeded against ex- 3 parte. Respondent No.3 Insurance Company has contested the petition on a number of grounds including the fact that the deceased was a gratuitous passenger and the Insurance Company was not liable to pay any compensation.