SAYRA DEVI Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) Since both the aforesaid appeals arise out of the same Judgment and relate to the same incident, they are, therefore, decided by this common Judgment.

(2.) The facts giving rise to the instant appeals are that Ghewar Chand, Madan Lal, Kishan Lal, Ashok Kumar and Pawan Kumar were going from Jodhpur to Balotra (Pachpadra) on October 31, 1980 in a bus belonging to the Rajasthan State Road Transport Corporation. When the bus reached at village Dhawa, a strike call was given by the Roadways employees and, therefore, the bus did not proceed ahead from Dhawa and left the passengers at Dhawa Bus Stand.

(3.) A Jeep bearing Registration No. RJT 340, owned by Pukh Raj, was coming from Jodhpur and was going towards Jasol, stopped at the Bus Stand, Dhawa. A request was made to the owner of the Jeep Pukhraj to give them lift as they will not be able to get some other conveyance. They requested him to leave them at Pachpadra and Balotra respectively. Pukhraj agreed and allowed them to sit in the jeep. After taking these five passengers, the jeep proceeded from Dhawa to Pachpadra and Balotra respectively. After the jeep ran about a kilometer, it was stopped by the driver to check the condition of the engine as the engine was recently repaired. Pukhraj ( owner of the jeep) and Pratap (driver of the jeep) came out from the jeep and after checking the engine, went to meet the call of nature, while the others persons remained sitting in the jeep.