- (1.) These two appeals, C.M.A. Nos. 586/2007 and 813/2007, preferred by the insurer of the vehicle (a truck bearing registration No. H.R. 38-D-3267) involved in accident against the common award dated 4th September, 2006 made by the Motor Accident Claims Tribunal [Additional District Judge (Fast Track) No. 6], Udaipur in Claim Case Nos. 613/2005 and 603/2005 involving common questions have been heard together, and shall be governed by this common order.
(2.) Background facts leading to these appeals could be noticed thus : On 17th August, 2003 at about 4.30 p.m., in front of M.S.W. College at Pratap Nagar, Udaipur the victim Kanna @ Kishanlal was driving a tractor bearing registration No. R.J. 27 R. 1540 and towing the said truck bearing registration No. H.R. 38-D-3267 that had developed some mechanical fault; and in the process, the towed truck gained speed but could not be controlled by its driver and bounced upon the tractor. In the result, the tractor was damaged and the tractor driver sustained fatal injuries. Two claim applications were submitted against the driver, owner, and insurer of the truck aforesaid, one by the dependants of the tractor driver Kanna @ Kishanlal and another by the owners of the tractor claiming compensation respectively for the loss suffered due to accidental death of Kanna @ Kishanlal and for property damage. The insurer of the truck (present appellant) contested the claim applications with the submissions, inter alia, that there had not been any negligence, on the part of the truck driver.
(3.) After framing of necessary issues and taking evidence, the Tribunal found with reference to the statement of eye-witness AW 2 Vijay that the tractor driver was towing the truck with his tractor towards Transport Nagar at the request of the truck driver, that on a downward slope the truck suddenly gathered speed; that the truck driver was unable to control his vehicle that climbed upon the tractor; and that the tractor driver Kishanlal died on the spot on being crushed beneath the wheels of tractor. The Tribunal also referred to the police investigation papers whereby challan was filed for offence under Section 304, I.P.C. against the truck driver Harshvardhan. After rejecting other objections raised by the insurer of alleged violation of policy conditions, the Tribunal proceeded to quantify compensation payable to the dependants of victim, about 25 years of age, at Rs. 4,70,000 and towards property damage to the owners of the tractor at Rs. 21,000 and mulcted liability upon the appellant-insurer.;