NEW INDIA ASSURANCE CO Vs. GAURI SHANKER SHARMA

JUDGEMENT

(1.) THIS appeal has been filed by the insurer and the owner of truck No. RJX 1898 jointly against the award of the Motor Accidents Claims Tribunal, Tonk, granting compensation of Rs. 14,841though the claim submitted was for Rs. 26,650 for an accident in which one truck dashed against other truck.

(2.) GAURISHANKER , claimant -respondent No, 1, the owner of truck No. RSJ 248, claimed damages caused to his truck in the accident which took place on the midnight of March 29/30, 1979, near Soyala village on the main road when his truck was standing as it has become out of order. The cause of the accident, as alleged, was that while the said truck No. RSJ 248 was standing on one side of the main road and in the said truck, its driver and cleaner were sleeping, in the morning at about 7.30 a.m. one truck No. RJX 1898, which was being driven by Tulsiram, respondent No. 2, came from the side of Jaipur going towards Tonk, with a very high speed being driven rashly and negligently and collided with the said truck RSJ 248 which was standing on one side of the road, with the result the said truck was smashed. A complaint was lodged in the police station and, thereafter, this claim petition was filed.

(3.) A reading of the editorial note contained in the decision of the Madras High Court in R. Selvaraj v. Jagannathan [1969] ACJ 1 would show that the Gujarat High Court, at that time in Zarin Rustomji Munshi v. Sanlubhai Manibhai Patel [1968] ACJ 327 ; AIR 1969 Guj 233, has also taken a contrary view and followed the decision of the Madhya Pradesh High Court in Om Prakash v. National Fire and General Insurance Co. Ltd., AIR 1962 MP 19, wherein it was held that in such matters, the civil court will have no jurisdiction, but the Madras High Court in R. Selvaraj v. Jagannathan [1969] ACJ 1 expressed its inability to support this view. The Madras view is based on the ground that the Tribunal has been brought into for a specific purpose, namely, to try claims for compensation in respect of accidents involving the death of, or bodily injury to, persons arising out of use of motor vehicles.