POOSA RAM GHEWAR LAL Vs. HEMRAJ

JUDGEMENT

(1.) SINCE these appeals and cross -appeals under Section 110 -D of the Motor Vehicles Act, 1939 (for short 'the Act') relate to one and the same accident and since identical questions of law and fact are involved in them, they were heard together and are decided by a common judgment. By the award passed on February 24,1979, the claims tribunal directed the owner, driver and the insurer of the truck RJQ 6739 to pay compensation varying in amounts to the claimants. Some of the claimants are injured persons while the others are heirs and dependents of the deceased -victims. The owner and the driver of the truck have come -up in appeals and contended that they were wrongly called -upon to pay the compensation to the claimants where as the grievance of some of the claimants is that the compensation was quantified too low.

(2.) BRIEFLY , recounted, relevant facts giving rise to these appeals are that bus RJQ 1745 was coming from Jalore to Jodhpur on June 15, 1973. PW 1 Hemraj, PW 3 Seeta Ram, PW4 Smt. Kamla and PW 2 Babulal, who are the injured -claimants were travelling in that bus. The wife of Balam Chand, the son of Smt. Basanti, the husband of Mst. Aachuki and the daughter of Mst. Kamla were also travelling in this very bus. At about 2.30 p.m. when the bus reached near village Neemli (nearly 15 miles aways from Jodhpur), truck RJQ 6739 came running from the opposite direction at a terrific speed. It was alleged that the drivers of the bus and the truck were driving these vehicles rashly and negligently and they could not control them when the two vehicles came near to each other. It resulted in a head on collision between the bus the truck. The bus was badly damaged. Hemraj, Seeta Ram Mst. Kamla and Babulal sustained multiple injuries while four persons travelling in the bus passed away on account of the injuries sustained by them in this accident. It was alleged in the claim petitions that the accident had taken place on account of rash and neglient driving of the two motor vehicles by their respective drivers. It was further alleged the Ghewar Lal was the owner of the truck. Poosa Ram was driving it at the time of the accident. The truck was insured with Hindustan General Insurance Society, which later on merged and amalgamated into the National Insurance Company Ltd. Munni Lal was the owner of the bus and Daudkhan was driving it at the time of the accident. It was insured with the New Great Insurance Company Ltd. (later on merged and amalgamated into the Oriental Fire and General Insurance Company Ltd.). The injured passengers and the heirs and dependents of the deceased passengers filed applications under Section 110 -A of the Act, claiming various amounts as compensation.

(3.) By the awards, the Tribunal absolved the owner, driver and the insurer of Bus RJQ 1745 from all sorts of liability.