GOPAL LAL GUPTA,J. - (1.) THE tragic accident occurred on 31.5.84 in which 8 persons lost their lives and many persons sustained injuries. The legal representatives of the deceased and the injured filed 12 claim cases before the Motor Accident Claims Tribunal, Bharatpur. All these cases were consolidated, tried and disposed of by the common judgment dated 19th of June, 1993. Claim Case No. 155/91 filed by Pyarelal, injured was dismissed. The remaining 11 claim cases were decreed against Madhya Pradesh State Road Transport Corporation and the driver, owner of the truck and its insurer i.e. New India Assurance Co.
(2.) THE Madhya Pradesh State Road Transport Corporation and the New India Assurance Co. have challenged the Award passed in all the claim cases. Out of the 11 appeals filed by Madhya Pradesh State Road Transport Corporation, seven appeals have already been admitted. Remaining 4 appeals have not yet been admitted. However, on the request of the learned Counsel for the parties these 4 appeals have also been heard finally for disposal at the admission stage alongwith otherappeals. Since all the 22 appeals arise out of the same award, they have been heard together and are being disposed of by this common judgment. As averments in all the claim applications and defences taken in the replies a re almost identical, it is needless to state the facts of each case. Facts are borrowed from accident Claim Case No. 102/84. It was averred that on 31.5.1984 Bus CPO 8471 belonging to MPSRTC was on its way from Jaipur to Bharatpur. The bus was full of passengers. When it reached near village Bansi at about 10 a.m. it dashed against Truck URQ 247 coming from opposite direction. It was pleaded that the accident had occurred because of the rash and negligent driving of both the vehicles and 8 passengers had died and other passengers had received serious injuries. It was further averred that the Truck involved in the accident belonged to Hasan Khan and was insured with New India Assurance Co. In the reply filed by the Madhya Pradesh State Road Transport Corporation, the factum of accident was not denied. However, it was pleaded that there was no fault on the part of the driver of the bus and the accident occurred because of the rash and negligent driving of the truck. It was averred that the bus was moving with moderate speed when the truck came with excessive speed and dashed against the bus which resulted even in damage to the bus for which the MPSRTC hasfiled separate claim case. In the reply filed by Insurance Company of the truck, it was averred that the accident had occurred because of the rash and negligent driving of the bus. It was, however, admitted that the truck was insured with this company.
(3.) ON the pleadings of the parties, the Tribunal framed three issues. Claimants Puran Devi, Madhukar Tiwari, Ratan Devi, Ram Dayal, Khudeja Begum, Rakesh Kumar, Smt. Mamta Sharma, Smt. Shanti Devi, Shobharam, Tara Devi, Jagdish Prasad and Mashwari Begum gave their statements. In rebuttal, Firdosh Khan wasexamined on behalf of the insurer of the truck. Saroop Singh, Conductor of the bus was examined by the M.P. Roadways. The learned Tribunal after hearing the parties found that the accident had occurred because of the composite negligence of both the drivers. Ultimately, the Tribunal awarded various sums as compensation to the claimants.;