MANIBEN S PANDYA Vs. SHANSHIKANT P SHRIGALOR

JUDGEMENT

(1.) Award passed by the Motor Accident Claims Tribunal, Valsad (Navsari) in Motor Accident Claim Petition No. 572 of 1988 dated June 18, 1992 has been challenged through this appeal. Whether reporters of Local Papers may be allowed to see the Judgment?

(2.) The claimants are the mother, wife and children of the deceased Gunvantrai Shanabhai Pandya (35). They claimed compensation of Rs.3,50,500.00 for death of Gunvantrai Pandya (Deceased) in the motor accident which took place on February 27, 1987 at 12.30 p.m. on National Highway No. 8 within the local limits of village Nandigam. Deceased was the driver of Truck No. GTJ-7140 owned by M/s. Shyam Transport Company, Nadiad. He was coming towards Ahmedabad. This Truck was insured with Oriental Insurance Co. Ltd. The allegation is that the Truck No. MXL-7897 owned and driven by Opponent No. 2 and insured with the National Insurance Company Ltd. coming from the opposite direction going towards the Bombay collided with the truck of the deceased after coming into his side of the road. As a result of this accident, the deceased sustained serious injuries. Immediately, he was taken to the Municipal Hospital Valsad, remained there for about seven days, then, shifted to the Civil Hospital at Ahmedabad for better treatment. However, he succumbed to the injuries sustained in the motor accident on 9.3.1987. The deceased was the sole bread winner of the family, receiving Rs.400.00 p.m. apart from Rs.50.00 per day while on journey. Therefore, his income is stated Rs.1,400.00 which he was contributing to the family. The claimants have impleaded owners and drivers of both the vehicles involved in the accident apart from the Insurance Companies with which the vehicles were insured. The owner and driver of the Truck No. MXL-7897 have not resisted the claim of the claimants. The National Insurance Co. Ltd. has denied the allegation, stated that the Truck No. MXL 7897 was being driven properly at moderate speed in accordance with the rules of traffic. It is contended that it was the deceased who was driving the Truck No. GTJ-7140 carelessly, negligently at excessive speed in the middle of the road. He lost control over the vehicle and collided with the truck No. MXL-7897. As a result of the impact of the accident, truck No. MXL 7897 went of the road to a distance of about 19 ft. and fell into a pit while truck of the deceased went of the road and came to halt at a distance of about 20 ft. after hitting the tree. Truck was badly damaged, therefore, under the circumstances, the deceased was rash and negligent in driving the truck. Consequently, the National Insurance Company is not liable to pay the compensation. In case the conclusion of the liability of truck No. MXL-7897 is drawn, apportionment of the liability should be 20% and 80 % respectively.

(3.) Owner of Truck NO. GTJ-7140 holds the driver of truck No. MXL-7897 responsible for the accident. Both the companies admit that these trucks were insured with the insurance companies.