SHIV PYARI Vs. VIDHYAVATI

JUDGEMENT

(1.) THIS appeal is directed against the judgment/Award dated 15.4.82 passed by the Judge, Motor Accident Claims Tribunal, Jodhpur, by which the learned Judge of the Tribunal awarded a sum of Rs. 2,26,400/ - as compensation to the claimants alongwith interest @ 6% per annum and held the owner and the driver of the Jonga Jeep liable to pay the amount of compensation. The learned Judge of the Tribunal, however, dismissed the remaining claim of the claimants and, also, held that the owner and the driver of the bus as well as Paschimi Rajasthan Dugdh Utpadak Sahkari Sangh, Jodhpur (for short, 'the Sangh') and the National Insurance Company are not liable to pay any amount of compensation.

(2.) SMT . Vidhyavati -the widow, Smt. Sugni Devi -the mother - and the sons and daughters of deceased Dr. Ashvariya Prasad Purohit, on 14.11.77, filed a claim petition in the Court of the District and Sessions Judge (Motor Accident Claims Tribunal), Merta City for the award of compensation amounting to Rs. 4,55,000/ -. It was averred in the claim petition by the claimants that on 21.7.77, at about 6.00 a.m., deceased Dr. Ashvariya Prasad Purohit, who was as Veterinary Surgeon and was the Leader of the Spear Head Team of the Chilling Centre, Merta City, alongwith Dr. Daulat Singh and Compounder Malam Singh, left the Dairy Office, Merta City in Jonga Jeep No. RRQ 3303 for going to villaged Med, Mundel, Chawadlya etc. for the treatment of the animals and to give medicines to them. When the Jonga Jeep crossed Gujala village a bus No. RSQ 3901 came from the opposite side and took a sudden turn. Both the drivers, i.e., the driver of the Jonga Jeep and the driver of the bus, were driving their vehicles rashly and negligently and at a high speed. The Jonga Jeep, therefore, over - turned and Dr. Ashvariya Prasad Purohit, Dr. Daulat Singh and Compounder Malam Singh received serious injuries. They were taken to Mundwa Hospital but Dr. Ashvariya Prasad Purohit died in the way. At the time of death, Dr. Purohit was getting Rs. 1,200/ - per month as the pay and Rs. 300/ -per month as the travelling and daily allowances. He was only the earning member in the family. He was paying Rs. 1,100/ - per month to the family for the maintenance and was spending Rs. 400/ - per month on himself. At the time of death, Dr. Purohit was aged about 35 years. Rs. 3,03,600/ - were claimed as the loss of dependency; Rs. 1,00,000/ - were claimed on account of loss of gratuity and provident Fund Rs. 17,000/ - as the loss of practice after retirement; Rs. 10,900/ -as the damages for mental agony and physical pain suffered by the claimants Rs. 20,000/ - as the mental agony and physical pain suffered by the deceased; Rs. 1,500/ - for the cremation expenses; Rs. 1,000/ -for the expenses incurred in taking the dead body of deceased Dr. Purohit from Mundwa to Jodhpur and Rs. 1,000/ - for litigation expenses.

(3.) THE owners and the drivers of the bus and the Jonga Jeep did not contest the claim petition and, therefore, the proceedings against them were taken ex -parte. The Dairy Singh as well as the insurance company contested the claim petition. The Sangh, in the reply, admitted the factum of accident and the death of Dr. Ashvariya Prasad Purohit in this accident but the defence taken by them in the written statement was that the jeep in question was taken on contract by the Chilling Centre, Merta City on daily rated basis and the Sangh was not the owner of the jonga jeep and, therefore, the owner and the driver of the jonga jeep are liable to pay the compensation and the Sangh is not liable for the payment of any amount of compensation. The case of the insurance company, in the reply, was that the jeep was not being driven by the authorised driver but was being driven by a Mistry who had no driving licence with him and the jeep was, also, being driven in contravention of the Conditions of the policy and, therefore, the insurance company is not liable to indemnify the claim.