RAGHBAR DATTA PYARE LAL Vs. MALKA RANI

JUDGEMENT

(1.) THESE appeals, F.A.O. No. 77 of 1982; M/s. Raghbar Datta Pyare Lal v. Malka Rani and F.A.O. No. 97 of 1982; Malka Rani v. Raghbar Datta Pyare Lal, arise out of the same accident and the award of the Motor Accidents Claims Tribunal, Kangra, therefore, they are being taken up together for decision by this common judgment.

(2.) THESE appeals arise out of the award in Case No. 6 of 1975, dated June 29, 1982, by the Motor Accidents Claims Tribunal, Kangra and both the parties claimants and respondents have a grievance against the same; therefore, they assail it by way of these appeals.

(3.) THE claim petition has been contested by the respondents. Respondent Nos. 1 to 3 deny that the tanker was carrying lubricant. They say it was, in fact, attached with the Indian Oil Corporation Limited for the carrying of petrol and high speed diesel only. The owners of the vehicle deny that the driver was driving the vehicle rashly and negligently. The driver states that the deceased got into the truck of his own, at his own risk and despite his refusal since he had instructions from the owners not to give free lift to anyone. It has also been denied that Jagroop Singh was employed with Sanjay Filling Station, Gaggal and was deputed, on that day, for carrying the goods. As to the upkeep of the vehicle, it is asserted by the driver that the same used to be checked periodically and even before the start of the journey on that day the same was found roadworthy and in good condition. He further states that after he negotiated two sharp bends, he applied brakes to control it, but the brakes failed to work and the result was the accident.