DAYA BHAI Vs. GOPAL

JUDGEMENT

(1.) These appeals have been filed by claimants under Section 173 of the Motor Vehicle Act, 1988 aggrieved by the impugned award of the MACT, Rajsamand dated 31.8.1996.

(2.) Briefly stated, the claims arose out of the accident which took place on 10.12.1988 while the passengers claimants were travelling in a Matador No. GQO-78 coming from Agra to Rajsamand near village Piparda when it met with an head-on collision with a truck No. RSE-7677 coming from Nathdwara side. Injured passengers of the said Matador were Dinesh, Geeta, Daya Bhai, Sunil Bhai, Nilesh and Smt. Nasu Ben and three persons namely Bhupendra Bhai, Sanjay Bhai and Ranchor Bhai @ Suman Bhai died on account of said head on collision.

(3.) The claimants filed the claim petitions in MACT, "Rajsamand impleading only owner, driver and insurer (Oriental Insurance Company) of the said truck as respondents and the learned Tribunal decided the issue relating to amount of compensation while deciding issue No.2 against the claimants. Issue No. 2 was as to whether the accident had occurred on account of rash and negligent driving of truck No. RSE 7677. The learned Tribunal found that the said accident occurred on account of rash and negligent driving of the Matador only and, therefore, owner, driver and insurer of the truck were not held liable to pay any compensation. Even though owner and driver of the truck were preceded ex-parte and insurance company also did not lead any evidence before the learned Tribunal, yet from the perusal of the site plan only, the Tribunal came to the conclusion that negligence was only that of driver of the Matador in which injured and deceased persons travelling. Thus, the learned Tribunal though determined the quantum of compensation for the death and injuries, ultimately rejected the claim petitions.