RAJ KUMAR (DEAD) THROUGH LRS SMT ROSHANI DEVI AND Vs. KOSHALYA DEVI AND ORS AND SMT LAKSHAMI DEVI AND OR

JUDGEMENT

(1.) These two appeals are being disposed of by a common judgment since they arise out of the one accident and the questions of law and fact involved in both the cases are identical.

(2.) Briefly stated the facts of the case are that the claimants in the two appeals are the legal heirs of Beas Dev and Amar Chand respectively. The claimants filed petitions under Section 166 of the Motor Vehicles Act alleging that both the deceased were travelling in the vehicle No. HP-48-2414 which met with an accident while crossing a bridge due to rash and negligent driving of the driver of the vehicle. Reply(s) to the claim petitions was filed by the owner-cum-driver of the vehicle who took up the plea that the deceased were not travelling in the vehicle but in fact crossing the bridge on foot when the bridge collapsed. The Insurance Company took various pleas including the plea that the deceased were gratuitous passengers in the goods vehicle and hence the Insurance Company is not liable.

(3.) As far as the issue of negligence is concerned the same is common in both the cases. The learned Court below has come to the conclusion that the accident occurred due to the rash and negligent driving of the driver Raj Kumar. PW-2 Anup Kumar was a Patwari and was admittedly travelling in the truck in question. Raj Kumar has admitted that Anup Kumar was travelling in the vehicle. According to Anup Kumar on the way Amar Chand and Beas Dev also boarded the vehicle but sat in the back of the vehicle. When the vehicle reached near Kulhari, the driver asked them to get down since the bridge was in a dilapidated condition. The driver stated that the vehicle could cross through. However, when the vehicle was in the middle of the bridge, the bridge started swaying and collapsed and the vehicle fell into the river. He further states that Amar Chand and Beas Dev who were sitting in the back of the vehicle died in the accident.