Dwarka Prasad - (1.) This is an appeal in a motor accident claims case. The respondent Khetpal Singh was the driver in a Government jeep No R. J. R. 151 which was coming towards Jaipur from Kota on December 4, 1965. While the Jeep had proceeded about 8 miles beyond Bundi, truck No. R. J. Z. 1884 , which was driven by Shakti Singh respondent, dashed against the jeep. As a result of the aforesaid collision, Khetpal Singh received a fracture of his right forearm, while his sons Bishwendra Pal Singh and Ranghavendra Singh, who were also travelling along with him, sustained injuries. A claim petition was filed by Khet Pal Singh and his sons before the Motor Accidents Claims Tribunal, Kota, complaining that Shakti Singh was driving the truck rashly and negligently and as a result thereof the accident took place, causing injuries to Khetpal Singh and his two sons. A sum of Rs. 65,000/- was claimed by Khet Pal Singh for loss caused to him while a sum of Rs. 17,000/-each was claimed on account of injuries sustained by his two sons.
(2.) The driver Shakti Singh as well as the owner of the vehicle Raghuvir Singh and the Insurance Company, M/s. Motor Owners Insurance, Company, Yadav Building, Belgaon, Maharashtra (hereinafter referred to as "the insurer") were sought to be made liable for compensation for the injuries sustained by Khet Pal Singh and his sons. The Tribunal, after a trial, held that Shakti Singh was driving the truck rashly and negligently and on account of the rash conduct of the truck driver Shakti Singh the accident was caused and injuries were sustained by Khet Pal Singh and his sons. The Tribunal awarded a sum of Rs. 10,000/- as compensation to Khet Pal Singh and his two sons, by its order dated Dec. 11, 1967.
(3.) When the matter came up for hearing in this Court on appeal, Jagat Narayan J., as he then was, framed an additional issue to the following effect, by his order dated Dec. 5, 1969 and remanded the case to the Tribunal:- "Was there a subsisting contract of Insurance between Raghuvir Singh and defendant No. 3 in respect of truck No. R.J.Z. 1884 on the date of the accident?" (On Plaintiff & Raghuveer Singh)";