SUB DIVISIONAL OFFICER HP PWD Vs. LALITA DEAVI

JUDGEMENT

(1.) Both these appeals have been taken up and heard together as they arise out of the "single accident and are directed against the common judgment and award dated 23.8.1991 of Motor Accidents Claims Tribunal (I), Shimla in M.A.C. No. 60-S/2 of 1988/89 whereunder total amount of Rs. 83,500 as compensation was awarded in favour of claimant Lalita Devi for the death of her husband Sewa Dass in the accident. F.A.O. (MVA) No. 49 of 1992 has been filed by the SubDivisional Officer, H.P. P.W.D., Kumarsain against whom the award has been passed whereas F.A.O. (MVA) No. 60 of 1992 has been filed by claimant Lalita Devi for enhancement of the amount of compensation awarded by the Tribunal below. The learned counsel for the parties have made the same and identical submissions and, therefore, both these appeals are being disposed of by this common judgment.

(2.) The facts leading to the appeals may briefly be stated as under: The Sub-Divisional Officer (H.P. P.W.D.), Kumarsain, entered into a contract with Kewal Ram Kaithala respondent herein for transporting fire-wood from Nichar to Kumarsain Division required for completing the metalling work of road. The owners respondents had engaged their truck No. HPS 5877 which was being driven by driver Jai Chand respondent and the said truck was insured with respondent National Insurance Co. Ltd. On 7.5.1987 the truck was coming from Nichar to Kumarsain carrying the fuel wood, the truck met with an accident near Nanibadhal on Nichar-Rampur Road and it rolled down into the gorge. One Sewa Dass who was working as Road Inspector under the Sub-Divisional Officer (PWD), Kumarsain died in the accident. Sewa Dass deceased was deputed by the Sub Divisional Officer to ensure the proper weighment, loading of the wood at Nichar in the truck and thereafter to supervise the safe transportation and the unloading at Kumarsain. The deceased was travelling in the accidental vehicle discharging his official duties. The legal heirs of Sewa Dass who are his wife, sons and daughters filed a claim petition before the Tribunal below, inter alia, on the ground that the accident had occurred due to rash and negligent driving of the vehicle by its driver and thereby resulting in the death of Sewa Dass. The claimants made a claim of Rs. 4,00,000 for the death of Sewa Dass and the age of the deceased at the time of the accident was said to be 46 years and his total income was disclosed Rs. 1,500 per month from salary and agriculture pursuits. Both the owners filed a joint written statement resisting and contesting the claim of the claimants on the ground that their truck was requisitioned by the Sub-Divisional Officer on contract basis for transporting of firewood from Nichar to Kumarsain. They denied the cause of the accident as a result of rash and negligent driving by the driver and stated that the accident occurred due to an act of vis major. They pleaded that on the day of the accident it rained very heavily and a huge boulder came rolling down and hit the rear of the truck due to which it rolled down into the gorge. The driver in his separate written statement had pleaded the same defences which were taken by the owners of the vehicle and denied his involvement in the accident due to driving the vehicle in a rash and negligent manner. The insurance company denied its liability to indemnify the insured for the compensation, if any, payable to the claimants. The Sub-Divisional Officer, employer of Sewa Dass admitted in his written statement that Sewa Dass was employed as a Road Inspector drawing Rs. 1,143 per month as total salary. He admitted that the truck was requisitioned and hired by the Public Works Department for transporting the firewood.

(3.) On the controversial pleadings of the parties, the Tribunal below framed the following issues on 8.8.1988: