G.L. Gupta, J. - (1.) The above mentioned 8 appeals have been directed against the award passed by the learned Motor Accident Claims Tribunal, Jaipur vide judgment dated 11.12.1993.
(2.) The accident had occurred on 18.3.1985 at about 11.30 p.m. on Jaipur Shahpura road. Poor persons; Santosh, Bheru, Subhan and Madanlal were travelling in Jeep RRH 1752 driven by Immamudeen from Jaipur to Shahpura. Truck MWV 2919 came from opposite direction and there was a collision with the Jeep resulting into the death of all the five occupants of the Jeep including the driver. Five claim cases were filed by the LRs of Santosh, Bheru, Subhan, Immamudeen and Madanlal. It was averred that the accident had occurred because of rash and negligent driving of truck as well as of jeep whereas in one case the claimants came with the version that the cause of accident was only the rash and negligent driving of the truck. In the reply filed by the insurer of the truck viz. Oriental Fire & General Insurance Co. (insurer of the truck) the liability was denied. Similarly, in the reply filed by the New India Assurance Co. (insurer of the Jeep), the liability was denied. In the case filed by the LRs of Subhan, the LRs of the Driver of the jeep pleaded that there was no fault on the part of the driver of the Jeep. All the 5 cases were consolidated. Six issues were framed in all the cases. Claimants examined 13 witnesses. In rebuttal, no evidence was led.
(3.) The Tribunal held that the accident had occurred because of rash and negligent driving of both the vehicles. It was further found that the truck driver was more responsible for the accident. The liability of the truck driver was fixed at 85%; and the liability for the jeep driver was fixed at 15%. The Tribunal awarded a sum of Rs. 2,50,000 in the claim case filed for the death of Santosh, Rs. 3,00,000 in the claim case filed for the death of Bheru. Rs. 2.10 lakhs in the claim case filed for the death of Subhan, Rs. 7,36,400 in the claim case filed for the death of Miclanlal and Rs. 4,18,200 in the claim case filed for the death of Immamudeen, driver of the jeep. Both the insurers of the accident-ed vehicles - truck and jeep - have preferred these appeals. Since all the matters have arisen out of one and the same award, they have been heard together and are being disposed of by this common judgment.;