ORIENTAL INSURANCE CO LTD Vs. BABU LAL

JUDGEMENT

(1.) THE unfortunate accident took place on 18.6.1989 on National Highway No. 11 near village Barson. Seven persons lost their lives and some persons received multiple injuries. Claim cases were filed by the legal representatives of the deceased and the injured. The Tribunal tried all the cases together and disposed of them vide judgment dated 30.10.1993. Two vehicles were involved in the accident. It was found that there was composite negligence of the drivers of both the vehicles. The claims were decreed against the driver, owner and the insurer of the jeep as also the Union of India who was the owner of the truck. The Oriental Insurance Co. Ltd., insurer of the jeep filed 8 appeals. The Union of India has also filed 8 appeals. Claimant Shakshi Devi has filed appeal for enhancement of the amount of compensation. In Appeal No. 800 of 1993 cross -objection has also been filed by the claimants. Since all the appeals and cross -objection arise out of the same award, they have been heard together and are being disposed of by this common judgment.

(2.) THE claimants' case was that Kapoor Chand, Harish Chand, Babu Lal, Sanjeev Kumar, Javitri Devi, Anita Rani and Hari Babu were travelling in Jeep No. RJD 4135. Vinod Kumar was the driver of that jeep. Truck No. 79 -E -4537 came from opposite direction and it dashed against the jeep, as a result of which, Kapoor Chand, Anita Rani, Javitri Devi, Sanjeev Kumar, Hari Babu, Satish Chand and Vinod Kumar (the driver of the jeep) died at the spot. Babu Lal and Harish Chand received multiple injuries. In the claim cases various sums were claimed.

(3.) ON the pleadings of the parties, the Tribunal framed 6 issues. The claimants examined 18 witnesses. In rebuttal, Union of India examined two witnesses. Learned Motor Accidents Claims Tribunal, Bharatpur after hearing the arguments of the learned Counsel for the parties, held under issue No. 1 that the accident had occurred due to the rash and negligent diiving of both the vehicles and that some persons had died and others had sustained injuries in that accident. Under issue No. 2 the Tribunal held that the claimants are entitled to the following sums as compensation. <FRM>JUDGEMENT_271_TLRAJ0_1996.htm</FRM>