MPSRTC Vs. MADHUKAR TIWARI

JUDGEMENT

(1.) THE tragic accident occurred on 31.5.84 in which 8 persons lost their lives and many persons sustained injuries. The legal representatives of the deceased and the injured filed 12 claim cases before the Motor Accident Claims Tribunal, Bharatpur. All these cases were consolidated, tried and disposed of by the common judgment dated 19th of June, 1993. Claim Case No. 155/91 filed by Pyarelal, injured was dismissed. The remaining 11 claim cases were decreed against Madhya Pradesh State Road Transport Corporation and the driver, owner of the truck and its insurer i.e. New India Assurance Co.

(2.) THE Madhya Pradesh State Road Transport Corporation and the New India Assurance Co. have challenged the Award passed in all the claim cases. Out of the 11 appeals filed by Madhya Pradesh State Road Transport Corporation, seven appeals have already been admitted. Remaining 4 appeals have not yet been admitted. However, on the request of the learned Counsel for the parties these 4 appeals have also been heard finally for disposal at the admission stage alongwith otherappeals. Since all the 22 appeals arise out of the same award, they have been heard together and are being disposed of by this common judgment. As averments in all the claim applications and defences taken in the replies a re almost identical, it is needless to state the facts of each case. Facts are borrowed from accident Claim Case No. 102/84.

(3.) ON the pleadings of the parties, the Tribunal framed three issues. Claimants Puran Devi, Madhukar Tiwari, Ratan Devi, Ram Dayal, Khudeja Begum, Rakesh Kumar, Smt. Mamta Sharma, Smt. Shanti Devi, Shobharam, Tara Devi, Jagdish Prasad and Mashwari Begum gave their statements. In rebuttal, Firdosh Khan wasexamined on behalf of the insurer of the truck. Saroop Singh, Conductor of the bus was examined by the M.P. Roadways. The learned Tribunal after hearing the parties found that the accident had occurred because of the composite negligence of both the drivers. Ultimately, the Tribunal awarded various sums as compensation to the claimants.