SARDAR MOHAN SINGH BEDI Vs. MANU MAYA THAPPA

JUDGEMENT

(1.) Dhan Bahadur Thappa was the unfortunate victim of an accident in which he lost his life. His widow Manu Maya Thapa on behalf of herself and her minor children filed an application under Section 110-A of the Motor Vehicles Act, 1939 (Act No. IV of 1939) [hereinafter referred to as 'the Act'] claiming compensation of Rs. 39,080/. The application has been allowed in part by the Motor Vehicles Accident Claims Tribunal, Singhbhum, Chaibasa and compensation to the extent of Rs. 10,000/- has been awarded. The appellant was a party to the claim case being the owner of the motor vehicle which had caused the accident. Respondent No. 4, New India Assurance Company Ltd., (hereinafter referred to as 'the Insurance Company') was also before the Tribunal being the insurer of the vehicle. In this Court the owner Sardar Mohan Singh Bedi is the appellant. A cross-objection has been filed on behalf of respondents 1 to 3, the claimants before the Claims Tribunal.

(2.) On 18-6-1962 as a result of an accident caused by a public carrier bearing No. 5345 owned by the appellant Sardar Mohan Singh Bedi, Dhan Bahadur Thapa was crushed to death. An application under Section 110-A of the Act was presented before the Claims Tribunal, as then constituted. In the application filed it was stated as against column No. 10 that it was not known whether the deceased was travelling by the vehicle involved in the accident The details of the accident have not been given in this application. The claim as made, as already stated, was for Rupees 39,080/-.

(3.) Cause was shown both by the owner of the truck as also by the Insurance Company. The owner stated that he was in no way responsible for the accident or liable to pay any damages, and that it was the Insurance Company which was, if at all, liable. In paragraph 2 of the show cause it was stated "that the deceased had no business to be in the vehicle and if he was in the vehicle he was a mere trespasser." It was further stated that the deceased was in a drunken condition and the accident had taken place due to the negligence of the deceased.