UNION OF INDIA Vs. ABDUL REHMAN

JUDGEMENT

(1.) This appeal is directed against an award dated 3-5-1980, of the Motor Accidents Claims Tribunal, Srinagar.

(2.) The case out of which this appeal has arisen relates to an accident which took place near Gupt-Ganga, Srinagar, on 3rd March, 1977. Respondent No. 1 was driving a truck, bearing registration No: JKA 4347. The said truck had a head on collision with vehicle No. JKB 3465, coming from the opposite direction, and being driven bv Daulat Singh respondent No. 3. Respondent No. 2 is the owner of truck No. 4347. As a result of the accident, respondent No. 1 received some iniuries and the truck was extensively damaged. According to the claimants, the accident was caused due to rash and negligent driving of respondent No. 3. The case of respondant No. 3 and the appellant, before the Motor Accidents Tribunal, on the other hand, was that the accident had occurred due to the negligence of respondent No. 1 and not due to the negligence of respondent No. 3, It was, however, not disputed that respondent No. 3, a driver of the B. S. F. was an employee of the Union of India, the appellant. From the pleadings of the parties, the following issues were framed by the Tribunal on 18-11-1977: 1. Was the accident which resulted in causing damage and injuries to the applicant's vehicle and to him respectively caused by rash and negligent driving of non-applicant No. 1. O. P. Applicant. 2. If the issue No. 1 is proved in affirmative, to how much compensation the applicant is entitled to and from whom and in what proportion. ? O. P. Applicant.

(3.) Relief. 3. The learned Tribunal on an appreciation of evidence decided issue No. 1 in favour of respondants 1 and 2 and held that the accident, which had resulted in injuries to respondent No. 1 and damage to vehicle No: JKA 4347, was caused by the rash and negligent driving of respondent No. 3. While deciding issue No. 2 also in favour of respondents 1 and 2, the Tribunal held that an amount of Rs. 15,000/- was payable, as compensation, to respondents 1 and 2 by the appellant, the employer of respondent No. 3.