DARSHANI DEVI Vs. SHEO RAM

JUDGEMENT

(1.) THESE nine appeals No. 226 of 1984, 230 of 1984, 228 of 1984, 215 of 1984, 141 of 1985, 42 of 1985, 139 of 1985, 140 of 1985 and 138 of 1985, are all related to one accident in which a number of persons were injured and two including the driver cum owner was fatally injured. All the claimants have filed appeals for increase of the compensation awarded by the accident Claims Tribunal. The owner of the truck M/s. Oriental Road Lines and the claimants who are legal representatives of deceased driver cum owner of the car has also filed appeals. None of the insurance Companies have come in appeal.

(2.) THE unfortunate accident happened on 28. 1. 1978 at about 5. 30 A. M. when the car bearing registration No. RSG 214 collided with a trailer No. RSR 3125 in front of the residence of Collector on Jai Singh Highway, Jaipur. THE result was death of the taxi driver and also the occupants of the taxi sustained grievous injuries and one Shrimati Shankari Devi died.

(3.) THE Tribunal has apportioned the negligence and rashness and responsibility of this accident equality i. e. 50:50. I am of the opinion that it is not correct. Primary responsibility and liability of this accident was of the driver of the trailer who took the trailer on the back side on the reverse direction without signal or the person to indicate it. It would put at 90% so far as the trailer driver is concerned. THE taxi driver would be responsible and liable only for 10%. Thus the liability is apportioned as 90% of the trailer driver and 10 per cent of the car driver.