M/S. ASSAM BOMBAY CARRIER Vs. GEETA DEVI

JUDGEMENT

(1.) These appeals under Section 173 of the Motor Vehicles Act, 1988 ('the Act') have been preferred by the appellant-owner against the interim award dated 22.12.2011 passed by the Motor Accident Claims Tribunal, Parbatsar ('the Tribunal') under Section 140 of the Act, whereby the Tribunal on coming to the conclusion that the accident had not occurred at a 'public place' exonerated the insurance company and held the appellant-owner and driver Khurshid Khan liable to pay the compensation on the principle of no fault.

(2.) The brief facts of the case are that on 20.3.2011, one Roopa Ram had gone to his relative Mewa Ram's house to greet him on Holi when at around 2:45 p.m., a Truck Trailor No.RJ-05- GA-5761, which was plying on the mega highway road from Manglana, the driver of the same lost control and the uncontrolled vehicle struck, the said Mewa Ram and Roopa Ram by entering the house of Mewa Ram by colliding with and breaking the gate of the chowk of the house which resulted in the instantaneous death of both Roopa Ram and Mewa Ram and another relative Bhola Ram received injuries.

(3.) Two claim applications being Civil Misc. Case No.40/2011 (Smt. Geeta Devi & Ors. v. M/s. Assam Bombay Carrier & Ors. was filed by the legal representatives of Mewa Ram and Civil Misc. Case No.41/2011 (Smt. Jhuma Devi & Ors. v. M/s. Assam Bombay Carrier & Ors. was filed by the legal representatives of Roopa Ram seeking compensation for untimely death of Mewa Ram and Roopa Ram respectively against the driver, owner and insurance company of the truck trailor.