PREM Vs. HANSRAJ

JUDGEMENT

(1.) BOTH these appeals arise out of the judgment passed by the Judge, Motor Accident Claims Tribunal, Sawai Madhopur (hereafter referred to as 'the Tribunal') in Misc. Claim Petition No.100/2001 filed by the widow, children and parents of the deceased Prem Raj and Misc. Claim Petition No.103/2001 filed by the injured Moti Lal.

(2.) BRIEFLY stated facts of the case are that on 11.5.2001 at about 1.00 p.m. deceased Prem Raj was travelling in a Jeep bearing registration No.RJ 25 P 0702 from Kundera to Shyampura. Near Markhara Mall, the offending Bus bearing registration No.RJU 5727 coming from the opposite direction, driven by respondent no.1 ? Hansraj and owned by respondent no.2 ? Fakhruddin, rashly and negligently hit the Jeep on driver side and deceased Prem Raj sitting on the middle seat of the Jeep, sustained grievous injuries and succumbed to those injuries, and the claimant Moti Lal who was a passenger in the bus, apart from two simple injuries also suffered injuries which led to the amputation of his left leg below knee.

(3.) BOTH, the driver and the owner of the bus, contested the claim petition before the Tribunal stating that the vehicle was insured and, therefore, respondent no.3, the Insurance Company, was liable to make payment of compensation amount. Respondent no.3 ? Insurance Company also filed written statement denying the averments made in the claim petition. It was contested on the ground that the accident occurred on account of negligent driving of the Jeep driver and that the driver of the bus, respondent no.1, did not have a valid and proper license to drive the bus at the relevant point of time and that the owner, driver and Insurance Company of the Jeep were also necessary parties. It was prayed that for want of valid driving license of the driver, the conditions of the policy were breached and that the Insurance Company was not liable to pay any compensation. Appeal No.374/2002 Appellant Moti Lal aged 21 years, was at the relevant time travelling in the offending bus bearing registration no.RJU 5727 and that due to this accident he sustained injuries which led to amputation of his left leg below knee. Replies of the driver, owner and Insurance Company were almost similar as in the other appeal.