KRISHNA CHADHA Vs. NATIONAL CARRIERS

JUDGEMENT

(1.) These matters (F. A. O. No. 135 of 1982, Krishna Chadha and others v. M/s.National Carriers and others, F.A.O. No. 136 of 1982, Smt. M.J.Stone and others v. M/s.National Carriers and others, and F.A.O. NO.I37 of 1982, Krishna and another v. M/s.National Carriers and others), arise out of the same accident and common award, therefore, they are being taken up together for decision by a common judgment.

(2.) Briefly, the facts are that the petrol tanker No. HRA-1807, owned by the National Carriers, Sadar Bazar, Ambala Cantt., and driven by Shri Gajinder Singh, was coming from Sungra towards Wangtu Bridge on 20-12-1968 while a military truck No. S.C. 15455 was coming from Wangtoo side. The collision between these two vehicles took place on a curve and the result was that the occupants of the army vehicle rolled down to river Satluj leaving no trace of any of them including the vehicle.

(3.) The claimants are the dependents of three of the five occupants of the army vehicle, namely, Sudesh Kumar Aggarwal, Krishan Lal Chadha and J.G.Stone. They have claimed different amounts of compensation for the loss of their only bread earners in the accident. Besides, the owner of the vehicle, the driver, the Insurance Company as well as the Union of India are joined as parties and the case of the claimants is that the accident took place due to the collusion of these vehicles for their fault and these having been owned by two different respondents, compensation from both or either of them for their responsibility for causing the same has been claimed.