BHERA RAM Vs. BHIYA RAM

JUDGEMENT

(1.) THESE appeals have been filed under Section 110 -D, Motor Vehicles Act, 1939 against the judgment of the Motor Accidents Claims Tribunal, Jodhpur dated January 10, 1985, awarding Rs. 9,280/ - and Rs. 15,000/ - to the claimants Dr. Prem Singh (appellant in appeal No. 110 of 1985) and Bhera Ram (appellant in appeal No. 88 of 1985) respectively with interest at the rate of 9 per cent from the date of filing of the claim petitions against the respondent No. 1 Bhiya Ram (in short 'the driver') only. The facts of the case giving rise to these appeals may be summarised thus.

(2.) ON October 26, 1980, claimant Bhera Ram was going from Bhopalgarh to Pipar City on his motor cycle No. RSN 4351 and Dr. Prem Singh claimant was sitting on the back seat. When the motor cycle was passing through Sathin Crossing, Jonga jeep No. RSQ 9980 came from its wrong side and dashed against the motor cycle resulting in an accident. It occurred due to rash and negligent driving of the Jonga jeep by its driver Bhiya Ram, respondent No. 1. The claimants Bhera Ram and Dr. Prem Singh received injuries. They were immediately taken to and admitted in the M.G. Hospital, Jodhpur. On April 23, 1981, both the claimants filed separate claim petitions against non -petitioner No. 1, Bhiya Ram, non -petitioner No. 2, Ram Narain Doodi and non -petitioner No. 3, New India Assurance Co. Ltd., Chopasani Road, Jodhpur, driver, owner and insurer of the said Jonga jeep respectively, claiming Rs. 37,980/ -and Rs. 14,179/ -. They filed their separate replies, seriously opposing the claim petitions. Bhiya Ram driver admitted in his reply that the accident took place at Sathin Crossing but denied other averments of the claim petition. He has also stated that Ram Narain Doodi owner had sold the Jonga jeep to him. The owner and insurance company either denied the averments of the claim petitions or pleaded their ignorance about them. The owner has also stated in his replies that he got the said Jonga jeep transferred in the name of the driver on June 8, 1981 and the latter became its owner. The owner and driver have also stated in their replies that the Jonga jeep was insured with the New India Assurance Co. Ltd., Chopasani Road, Jodhpur on the date of the accident and they duly mentioned the particulars of the insurance policy and certificate. The insurance company denied to have insured the Jonga jeep. After framing necessary issues and recording the evidence of the parties, the Motor Accidents Claims Tribunal, Jodhpur gave the awards as said above.

(3.) THE learned Counsel for Bhiya Ram driver contended that the accident occurred on account of the rash and negligent driving of the driver of the motor cycle, i.e., Bhera Ram claimant and not on account of the driver of the Jonga jeep, i.e., Bhiya Ram, appellant (appeal No. 139 of 1985), the Jonga jeep was stationary at the said crossing when the motor cycle happened to pass therefrom and if a little precaution would have been taken by the motor -cyclist, accident would not have occurred. He also contended that the Jonga jeep driver Bhiya Ram had been acquitted by the criminal court and this finding should have been taken into consideration by the Tribunal. He further contended that the Tribunal seriously erred to hold that on the date of the accident Jonga jeep stood transferred in the name of its driver Bhiya Ram and insurance company was not liable. He lastly contended that the amount awarded by the Tribunal is excessive.