SAGAR PRASAD Vs. SHYAM SUNDAR PRASAD

JUDGEMENT

(1.) THESE two appeals have been heard together, as they arise out of a common judgment. Both the appeals will be disposed of by this common judgment. These appeals arise out of a judgment and decree of Mr. S.N. Sinha, District Judge and Motor Accidents Claims Tribunal, Palamau in a claim proceeding under Section 110 -A of the Motor Vehicles Act. The claimants are the parents of the deceased Binay Kumar Verma and his brothers and sisters (all minors).

(2.) THE facts, in brief, are that on 19.5.1977, at about 7.30 p.m. the deceased came to board 'Haldhar' bus bearing registration No. BRO 1965. The bus was standing on the left kacha flank of the road known as 'Cutcherry Road'. The deceased was about to board the. bus for going to Lesliganj to meet his relations there. Just as he was about to board the bus, a truck bearing registration No. BRP 8445 loaded with stones coming from the opposite direction suddenly went berserk and crashed against the bus. The truck crushed the boy and struck against a shop premises 'Basundhara'. As a result of the crash the deceased was struck causing serious injuries to him. He was immediately rushed to Sadar Hospital, Daltonganj where he died after some time. The claimants (Appellants in M.A. No. 75 of 1980) lodged claim against Sagar Prasad, the owner of the nick as well as National Insurance Company, the insurer of the truck bearing registration No. BRP 8445. The claimants claimed compensation of rupees two lakhs.

(3.) THE claimants have contended before this Court that they are entitled to higher compensation be it be from owner of the truck or insurance company. The stand of the owner of the truck is that the insurance company alone is liable to pay the damage. Needless to say, the Respondent insurance company has contested the claim of the Appellants in the two appeals and has denied its liability.