ORIENTAL FIRE AND GENERAL INSURANCE CO LTD Vs. SATYA DEO DUBEY
LAWS(ALL)-1980-7-30
HIGH COURT OF ALLAHABAD
Decided on July 07,1980

ORIENTAL FIRE AND GENERAL INSURANCE CO.LTD. Appellant
VERSUS
SATYA DEO DUBEY Respondents


Referred Judgements :-

HENDERSON V. HENRY E. JENKINS AND SONS [REFERRED TO]
KUMARI SWARNALATA KAPOOR VS. JOGENDRAPAL RAMRAKHA PUNJABI [REFERRED TO]



Cited Judgements :-

STATE OF RAJASTHAN VS. LAXMI SHARMA [LAWS(RAJ)-1991-5-2] [REFERRED TO]
STATE OF RAJASTHAN VS. LAXMI SHARMA [LAWS(RAJ)-1991-4-58] [REFERRED TO]


JUDGEMENT

Sapru, J. - (1.)Bus No. USE 404 was owned by one Ghanshyam Das and was insured with the Oriental Fire and General Assurance Co. Ltd. Its driver was Bhagwan Das. All the three are the appellants before this court. On February 19, 1973, in the afternoon, this bus was running on the route Chirgan to Jhansi. Bhagwan Das was driving the bus. Satyadeo Dubey, aged about 24 years, was travelling as a passenger in the bus. At about 3-30 p.m. this bus collided with a tree at a place between Pahari Burjurg and Gulara. Satya Deo Dubey along with others sustained injuries and was removed to the hospital on February 19, 1973, and remained in the Civil Hospital, Jhansi, till April 10, 1973, on which date he was discharged from the hospital.
(2.)Satya Deo Dubey filed a claim petition claiming Rs. 20,000 as compensation. The Claims Tribunal has awarded him compensation amounting to Rs. 10,000. Out of this amount, Rs. 5,000 have been directed to be recovered from the insurance company and the balance from Sri Ghanshyam Das alias Machhar Mal, the owner of the bus. The factum of the accident is not disputed. It is also not disputed that the immediate cause of the accident was that the bowl of the tie rod was broken as a result of which the driver could not control the vehicle which collided against a (sic) sustained injuries and was taken to the hospital where he remained under treatment from February 19, 1973, to April 19, 1973.
(3.)Sri A. B. Saran, appearing on behalf of the appellants, urged that the accident in which Satya Deo Dubey received injuries was not due to the negligence of either the owner of the vehicle or its driver as it was due to a sudden breaking of the bowl of the tie rod. In this connection, he has relied upon the statement of the driver of the vehicle, Sri Bhagwan Das, who stated that before he took the vehicle out on that date he checked the vehicle and the tie rod was found to be in working order.
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