UNITED INDIA INSURANCE CO. LTD. Vs. SUKHA DEVI

JUDGEMENT

(1.) ALL the 24 appeals and cross objections are disposed of by this common judgment, as the claims preferred by the respective claimants arise from one and the same accident which occurred on 5.7.1983 in which 10 persons died and 14 were injured. Motor Accidents Claims Tribunal (I), Solan and Sirmour Districts at Nahan, delivered common award on 30.6.1984.

(2.) THE facts giving rise to the claim petitions are as follows: On 5.7.1983 at about 8.30 a.m. several persons boarded the truck bearing registration No. UTL 6652 belonging to Patel Engineering Co. Ltd. at Kalawar. The said truck was on its way to Dak Pathar. The truck overturned near a place known as Sansar Dhara. Out of the several passengers who were travelling in the truck, Dharam Singh, Mundi Ram, Chandnu, Khushi Ram, Guman Singh, Madan Singh, Indar Singh, Rangi Lal, Dharam Singh and Dhanu Ram died instantaneously while Surat Singh and Basti Ram sustained injuries.

(3.) THE case of the claimants is that driver Kartar Singh was driving the truck rashly and negligently and at an excessive speed due to which it became uncontrollable and dashed against a tree as a result of which it overturned and the passengers fell into a 'khud' adjoining the main road. Ten persons out of 35 died on the spot and the injured were shifted to Lemen Hospital (Christian Medical Hospital), Herbertpur (U.P.). They have also stated that the occupants were travelling by this truck against the payment of double travelling charges collected by the driver and conductor to the knowledge of the officers of Patel Engineering Co. Ltd.