JAGANNATHI Vs. MOHAN SINGH

JUDGEMENT

(1.) THESE two appeals arise out of the award dated November 23, 1985 passed by the Motor Accident Claims Tribunal, Bundi in Claim Case No. 1/82, whereby no responsibility for payment of claim was fixed against owner Mohan Singh, driver Surendra Singh and Oriental Fire & General Insurance Company regarding the Matador bearing No. RRR 9039.

(2.) IT will suffice to state for the purpose of this appeal that deceased Ram Kishan was carrying a bag of vegetables in Matador No. RRR 9039 and was sitting on the seat of the driver. One more person was also sitting between the deceased and the driver on the same seat. The deceased was coming from Chha-targanj to Kota. When the Matador reached near Ghoda Pachad Nadi (river), a truck HSR 4647 came from the opposite side, which is said to be driven rashly and negligently and resulted in accident as the truck brushed the Matador while passing at that place. The deceased was thrown out of the Matador and died. The Tribunal has awarded amount of Rs. 1,50,000/- as compensation to the claimants. As per the award, the United Insurance Company with which the truck was insured, was made liable for payment to the extent of Rs. 50,000/-, but since the Oriental Fire and & General Insurance Company with which the Matador was insured, was not made liable for compensation, therefore, the balance of the amount of compensation was to be paid by the owner and driver of the truck.

(3.) LEARNED counsel for the appellants has placed reliance in this respect on the case of General Manager K. S. R. T. C, Banglore v. Krishanan (1) in which two buses were coming from the opposite direction and brushed each other it was held that the accident was on account of composite negligence of the drivers of both the vehicles. Same view was taken in the case of V. Rajeshwara Rao v. Karna Audemma (2 ). I, therefore hold that the accident was result of composite negligence on account of which the deceased lost his life.