KANA RAM Vs. BHANWAR LAL AND OTHERS

JUDGEMENT

(1.) These appeals have been filed against the common award of the Motor Accident Claims Tribunal, Jodhpur dated May 8, 1985 by which it has partly allowed the claim petitions No. 24 and 29 of 1983. The claim petition No. 24 has been filed by the legal representatives of the deceased Chiman Lal and the claim petition No. 29/83 has been filed by the injured Kana Ram.

(2.) The facts of the case giving rise to these appeals may be summarised thus. On Feb. 20, 1982, the deceased Chiman Lal was going on his auto No. RNM 7129 from High Court Colony to PWTD Office, Jodhpur. The injured Kana Ram was sitting behind him on the pillion. He was going on the correct side of the road, while he was passing in front of the Senapati Bhawan, Ratanada, Jodhpur, truck No. RJQ 2311 came with excessive speed and dashed against the auto from its back-side. As a result thereof, Chiman Lal and Kana Ram were thrown away from the auto at a great distance and received several serious injuries. They were taken to the Government Hospital, Jodhpur. Chiman Lal succumbed to his injuries. At the time of the accident, the truck was being driven carelessly and negligently by its driver Bhanwar Lal (respondent No. 1) and was owned by Chandra Shekhar (respondent No. 2). The legal representatives of the deceased Chiman Lal filed claim petition No. 24/83 claiming Rs. 3,00,000.00 and Kana Ram filed claim petition No. 29/83 claiming Rs. 75,000.00 as compensation. In their joint reply, the driver and owner admitted that the said truck No. RJQ 2311 was owned by Chandra Shekhar and was being driven by Bhanwar La at the time of the accident and the accident occurred. It has further been averred that the accident occurred due to rash and negligent driving of the auto by its driver Chiman Lal. In reply, the National Insurance Company admitted that the said truck No. RJQ 2311 was insured with it at the time of the accident and the accident occurred on account of the composite negligence of the deceased Chiman Lal and the truck driver Bhanwar Lal.

(3.) After framing necessary issues and recording the evidence of the parties, the Tribunal held that the accident occurred on account of the rash and negligent driving of the truck by its driver Bhanwar Lal, the auto driver Chiman Lal and pillion-rider Kana Ram received serious.injuries and subsequently Chiman Lal died, and the claimants of both the claim petitions are entitled to get compensation to the tune of Rs. 50,000/.- and Rs. 15,000.00 respectively.