ASSAM CORPORATION Vs. BINU RANI AO AND ORS.

JUDGEMENT

(1.) THESE two appeals, namely, M.A.(F) 12 of 1968 and M.A.(F) 23 of 1968 have arisen out of the order of the Motor Accident Claims Tribunal at Tezpur dated 30.1.68 passed in Claim case No. 6 of 1965 instituted on an application filed by Mrs. Binu Rani Ao who has been arrayed as Respondent No. 1 in both the appeals.

(2.) IN a collision between two vehicles a jeep No. ASK 2851 owned by M/s Assam Corporation (hereinafter referred to as the Corporation), a registered partnership firm and a military vehicle No. QC 2453 owned by the Union of India (UOI), that took place at Dekargaon a place at a distance of about 4 1/2 miles from Tezpur town on 14.2.65 at about 6 P.M. Mrs. Binu Rani Ao who was a gratuitous passenger in the jeep received serious injurises as a result of which she had to be hospitalised for a period of one year nine months and has been crippled for life. The injured filed an application under Section 110 -A of the Motor Vehicles Act before the Claims Tribunal at Tazpur in April, 1965 against the Corporation and the Union of India (UOI) claiming a sum of Rs. 75,000/ - as compensation. The Respondent No. 4 (in both the appeals) namely, M/s Hindusthan General Insurance Society Ltd., the insurer of the jeep was also impleaded in the case.

(3.) THERE is no dispute about the fact that there was a collision between the jeep No. ASK 2851 owned by the Corporation and a Military vehicle No. QC 2453 owned by the Union and that the Respondent No. 1 Binu Rani Ao received serious injuries as a result of the said collision resulting in her permanent disablement. On the basis of the submissions made before us by the learned Counsel of the parties the points which have emerged in the appeals for our determination are: -