NEW INDIA ASSURANCE CO. LTD. Vs. USHA RANI

JUDGEMENT

(1.) THESE appeals with Cross objections [FAO.(MVA) No. 80 of 1981, New India Assurance Co. Ltd. v. Usha Rani with Cross objections No. 3 of 1982 and FAO. (MVA) No. 90 of 1981, Pishori Lal v. Usha Rani with Cross objections No. 4 of 1982] arise out of the same accident and common award, therefore, they are being taken up for decision together.

(2.) THE facts, in brief, are that Ram Karan, aged 24%, of village Naina Tikkar died in a truck accident on 2.8.1977 at about 11.30 p.m. on Rajgarh Solan Road. The deceased was in truck No. HRE 2697 while the same was loaded with goods and vegetables belonging to the deceased and a few others. The same were to be carried from the Rajgarh area of Sirmaur District to Delhi. The truck met with an accident resulting in the death of the deceased and one other person although a few others sustained injuries. A claim petition for Rs. 1,50,000/ was filed before the Motor Accidents Claims Tribunal, Solan, by the claimants and it was alleged that the accident took place due to the rash driving of the truck driver and it was also alleged that the truck driver had consumed liquor along with his food on the way whereafter he became all the more rash and despite warning by the occupants of the vehicle he did not pay any attention to it with the result that near village Neri, it fell down the road resulting in the death of the deceased.

(3.) THE parties led evidence in the case and ultimately the Motor Accidents Claims Tribunal came to the conclusion that the deceased was the hirer of the truck. His goods were being carried in the vehicle and he was going by the same vehicle to Delhi at that particular time after loading the fruits in the vehicle through a few of his labourers. The Tribunal, therefore, found the claim legally sustainable and passed the impugned award. The appellants have a grievance against this award, therefore, they filed separate appeals against the same in this court.