SOHAN LAL Vs. BAL SWAROOP BAL BHATNAGAR

JUDGEMENT

(1.) THIS Special Appeal, under Section 18 of the Rajasthan High Court Ordinance, is against the judgment dated August 21, 1984, passed by the learned single Judge of this Court. This decision was passed in an appeal against the award of the Motor Accidents Claims Tribunal, Jaipur, in claim case No. 2 of 1978, decided on 14.12.1979.

(2.) THE present appeal is by the owner and driver of truck No. HYB 426, which was involved in an accident and who have been made liable to pay the compensation to the heirs of the deceased alongwith Respondent No. 4, the insurance company in the sum of Rs. 1,19,806/ -. The liability of the insurance company has been fixed at Rs. 50,000/ -. For the balance amount, the Appellants have been held to be jointly and severally responsible.

(3.) THE claim of the Respondent Nos. 1 to 3 was contested by the Appellants as well as the insurance company The case of the Appellants is that the driver of the truck stopped it on one side of the road in order to check a noise coming from the truck and a car came at a very fast speed from behind and hit the truck. According to the Appellants the parking lights of the truck were switched on and there was no other traffic on the road and the deceased had space to drive his car. It was denied that the accident was caused on account of the mistake or negligence on the part of the driver of the truck.