JODHRAM KEWAL RAMANI Vs. FERTILIZER CORPORATION

JUDGEMENT

(1.) THESE three appeals are by different claimants under Section 110 -A of the Motor Vehicles Act, arising out of an accident in which their relations died. Three different claim cases arising out of the same accident were filed resulting in three judgments and consequently three appeals. All of them have been heard together and are being disposed of by this common judgment.

(2.) THE fateful day is 20 -6 -1975 on which day an Ambassador Car bearing registration No. BRO 9495 was smashed by a Bus bearing registration No. BRI 168 at the National Highway No. 31 at Deona near Begusaraj, in which lives of as many as four persons, namely, Miss Binu Kewal Rarnani, Rajiv Ranjan Sinha, Chandreshwar Prasad Singh and Kuaiari Shashi Sinha, who were all boarding the car, were lost. While in Miscellaneous Appeal No. 22 of 1982, the appellant is the father of the deceased Miss Binu Kewal Ramani, in MA. 23 of 1982 the appsllant is the father of Rajiv Ranjan Sinha. In M.A. 179 of 1982, appellant No. 1 Chandrakanta Devi and her son appellant No. 2 lost two of their relations, namely, Chandreshwar Prasad Sinha and Kumari Shashi Sinha, aforesaid, being husband and daughter, respectively, of appellant Chandrakanta Devi.

(3.) APPLICANTS ' witnesses have been examined in two cases only, namely, M.A. 22 and MA. 23 but no eye witness on behalf of the applicant has been examined in Miscellaneous Appeal No. 179 of 1982. Regrettfully, the evidence of eye witnesses in the case were not filed in those cases in which there was no such evidence or different witnesses have been examined. I have, however, looked into the evidence of these witnesses as a whale because their evidence was material for the purposes of deteimining the nature of accident in this case. Also on the record, entirely without objection, are three photographs which indicate the manner in which the two vehicles involved in the accident that is, the bus and the car, were found placed at the time the photographs were taken. The Photographer is O.P.W. 1 in M.A. 179 of 1982. I have looked into his evidence also with the same intention and manner as I have done with the eye -witnesses examined on behalf of the applicants.