NATIONAL INSURANCE CO LTD Vs. MALTI DEVI

JUDGEMENT

(1.) These two appeals have arisen out of the same judgment and award dated 23.7.1992 passed by Shri P.N. Yadav, 3rd Additional District Judge-cum-Additional Claims Tribunal, Hazaribagh, whereby compensation of Rs. 1,45,000/- together with interest at the rate of 12 per annum has been awarded in favour of the claimants and it was ordered that the same amount should be paid half and half by the insurer, namely, M/S. National Insurance Company Limited of Trekker No. 8PM 1755 and the owner of Ambassador Car bearing registration No. MRF1306 as the accident was held due to composite negligence of both the vehicles.

(2.) The accident occurred on 24.11.1987 when the deceased Shyam Sunder Mishra travelling in the above mentioned trekker met with an accident when the trekker and the above-mentioned Ambassador car collided. The injured Shyam Sunder Mishra was then shifted to Rajendra Medical College Hospital, Ranchi wherein he died due to the injuries on the next day i.e. on 25.11.1987.

(3.) The deceased Shyam Sunder Mishra was the Assistant Teacher in a school and as per the claim petition, the trekker on which he was on board was running in rash and negligent way and at a very high speed and near Barhi bridge, it dashed against motor car which was coming from the opposite direction. One Tapeshwar Singh had filed fardbeyan on the basis of which a formal first information report was drawn up in Barhi P.S. Case No. 180 of 1987. Afterwards, another fardbeyan was made by Naresh Kumar Mishra, the brother of the deceased on 25.11.1987. As per the pleadings in the accident claim petition, it was only alleged that the trekker was being driven in negligent way and both rashly and in high speed. The owner and the driver of the trekker filed written statement and according to them, the accident did not take place on account of fault Of the trekker rather it was due to the fault of Ambassador Car.