S.C.MOHAPATRA, J. - (1.) THESE three appeals under Section 110 -D of the Motor Vehicles Act, 1939, (hereinafter referred to as 'the Act') are in respect of death of two persons in an accident while going on a motor cycle. Since the three appeals arise out of common judgment and involve same question they are heard together and are disposed of by this judgment.
(2.) ON 19.4.1977 Nizam Ali, an employee of a Fertilizer store was going on his motor cycle with Ahmad Husain. Nizam Ali was driving the motor cycle and Ahmad Husain was pillion rider. Motorcycle collided with truck No. U.T.F. 1359 which was coming from the opposite direction. As a result of this accident Ahmad Husain the pillion rider died on the spot sustaining fatal injuries. Nizam Ali who also sustained severe injuries was removed to hospital for treatment where he died later. Asserting that accident was on account of negligence in driving of the truck, widow of Nizam Ali and their minor daughter aged two years filed an application for compensation of Rs. 2 lakhs. Widow and four daughters of Ahmad Husain claimed compensation of Rs. two lakhs in a separate application. Mother and two sisters of Ahmad Husain were added as opposite parties. Claims were made against driver, owner and insurer of the truck. Both applications were heard together and one set of evidence was brought to record.
(3.) CLAIMANTS in a proceeding for compensation are required to satisfy the Tribunal that driver of the vehicle which caused the accident was negligent. Added to it claimant has to satisfy how compensation claimed is justified and who is liable to pay the compensation. Both sets of claimants alleged that truck belonged to respondent No. 2 which was driven negligently by respondent No. 1 for which he is primarily responsible to pay the compensation. Owner is vicariously liable for the same and insurer (respondent No. 3) having agreed under terms of the policy is to indemnify the owner towards his liability and as such is also liable to pay the compensation. In order to satisfy the Tribunal, claimants examined four witnesses and produced certified copies of First Information Report, Postmortem report, copies of statement of the Chaukidar and site plan. Opposite parties have examined the driver and produced certified copies of the judgment in appeal preferred by the driver against his conviction in the Trial Court, acquitting the driver of charges of negligent driving against him.;