- (1.) These two appeals, one by, the owner of the vehicle and another by the claimants, have 'been filed against the same judgment and award passed by Motor Accident Claims Tribunal, Ranchi in Compensation Case No. 291/2004. M.A. No. 317/2007 has been filed by the appellant M/s Interlink Coal Pvt Ltd., who is the owner of Santro car, whereas M.A. No. 288/2007 has been filed by the appellants, who are claimants.
(2.) The facts of the case lie in a narrow compass. The claimants filed the aforementioned compensation case on account of death of one Krishna Kant Tiwari in a motor vehicle accident It was alleged that the accident took place as two vehicles i.e. truck No. BR 01G 6382 and Santro car collided against each other from the opposite direction. Both the vehicles were driven in a very rash and negligent manner. The deceased was aged about 43 years and said to have employed in Bihar Post and Telegraph Cooperative society and was earning Rs. 6194/- per month. The deceased was driver in the Santro car and was going from Ranchi to Jamshedpur. The Tribunal assessed the compensation to the extent of Rs. 5,64,580/- but on the issue of liability the Tribunal held that since the accident took place because of rash and negligent driving of both the vehicles, the compensation amount shall be paid in equal share.
(3.) The appellant who is the owner of Santro car, assailed the impugned judgment and a Vard on two grounds. Firstly it was contended that because of rash and negligent driving of the truck the accident took place, the owner arid insurer of the truck shall be held liable for payment of compensation. It was contended that even if there is negligent on the part of the driver of Santro car, that being a lighter vehicle and apportion of the compensation amount ought to have been paid by the owner and insurer of Santro car. Secondly, it was contended that the Santro car was duly insured with the respondent Insurance Company and, therefore, the Tribunal has erred in law in directing the owner of Santro car to pay the compensation amount.;