GUNWANT KUMARI Vs. SARDAR SADHU SINGH

JUDGEMENT

(1.) THESE three appeals are related to award dated 19th April, 1984 passed by Shri V.P. Agrawal, Presiding Officer, Motor Accident Claims Tribunal, Jaipur in MACT Case No. 5 of 1978.

(2.) ON 24th June, 1974 late Rao Dheer Singh was going from Manoharpura to Shapura in his car No. RJL 8207. The fuel abruptly exhausted and the car was stopped allegedly on the left side of the road and the driver was asked to go to Shapura to bring the petrol. Rao Dheer Singh remained sitting in the car little knowing that instead of petrol the cruel fate is going to bring death to him by accident.

(3.) ON the above bedrock of facts a claim petition was filed by Gunwant Kumari widow of Rao Dheer Singh two sons Rao Rajendra Singh and Rao Shri Surendra Singh. Maji Hawa Kanwar mother of the deceased Bhanwarini Anurekha and Smt. Chandra Kala daughters of deceased Dheer Singh. The claim was of Rs. 6,00,000/ -. The non -petitioner owner of RJR 6607 and the insurance company and the driver contested the claim. The driver of RJR 6607 came with the plea that the truck No. DHG 1625 came from behind his truck and dashed against his truck leading to the accident. Truck driver and owner of this were also injured. Eleven issues were framed. Evidence was recorded. Ultimately the Tribunal came to the conclusion that there was contributory negligence of the drivers of the two trucks mentioned above, 90 percent being of the first truck and 10 per cent of the second truck, the first truck being RJR 6607 and the second truck being DHG 1625. The plea of the first truck owner that the car was being parked a wrong place without: parking light, was not accepted by the Tribunal. The Tribunal came to the conclusion that the car was being parked in Kachcha and the truck went in kachha and knocked the car from behind. The second truck also came in contact from behind and therefore its negligence was computed to 10 per cent only.