MRS. HIRA DEVI ETC. ETC. Vs. SMT. BHABA KANTI DAS AND ORS. ETC. ETC.

JUDGEMENT

(1.) THESE appeals arise out of the awards passed by the Motor Accident Claims Tribunal, Nowgong in several Claim Cases which were disposed of by a common judgment dated 6 -6 -1967. These appeals are referred to this Bench since the Division Bench which heard these appeals in the first instance was of the view that there is a difference of opinion expressed in Assam Corporation v. Binu Ram, AIR 1975 Gau 3 and Asha Rani Ghose v. Common Wealth Assurance Co. Ltd., an unreported decision of this Court in M. A. (F) No. 41 of 1969, disposed of on 21 -2 -1974 (Gau), the former decision taking the view that an award can be passed against the insurer in respect of liability arising out of injury caused in an accident to a gratuitous passenger, whereas the latter decision took a contrary view.

(2.) AS a consequence of an accident which took place at about 12.30 P. M. on 11 -1 -1963 in which the bus bearing No. ASX 1092 belonging to the State of Assam and a private Ambassador Cad bearing No. ASR 1053 met with a direct collision. Bihuram Das and his minor son Karuna Kumar Das died and Robin Das, the younger brother of Bihuram Das, was seriously injured. All the three were travelling in the car. The driver of the car also died on the spot. The bus was travelling towards the east, from Jorhat towards Sibsagar. The car was travelling in the opposite direction. The accident took place at a distance of one and a half miles from the Teok Bus Stand and the impact was with such force that the front portion of the car along with its engine went violently into the front portion of the bus. Due to the impact the ear was pushed back to a certain distance. Both the vehicles were found telescoped into each other. The place where the two vehicles were found was towards the northern edge of the tarred road. The tarred road is of the width of about 12 feet with the kutcha portion of about 11 feet on each side. Bihuram was pulled out from inside the car and expired immediately thereafter. Karuna Kumar Das and Robin Das were removed to the hospital. Karuna Kumar Das expired in the hospital at Barbari, Dibrugarh. Robin Das underwent medical treatment in the hospital for his broken right femur (thigh bone), his broken right arm and for other injuries suffered by him in the accident.

(3.) ALL the opponents contested the claims. On the suggestion of the Learned Counsel for the parties, both the cases were dealt with together by the Tribunal. Common evidence was recorded and a common judgment was rendered on the basis of which the awards were passed. The Tribunal held that both the driver of the bus as well as the driver of the car were negligent and that the accident was due to rash and negligent driving on the part of both of them. It awarded Rs. 33,000/ - as compensation to the widow Smt. Bhaba Kanti Das and the children of Bihuram Das towards the pecuniary loss occasioned by his death and another sum of Rs. 10,000/ - towards the mental suffering, loss of companionship etc. It further awarded a sum of Rs. 12,000/ - as compensation to the widow towards the loss occasioned by the death of her son. It apportioned the liability and directed the State of Assam to pay Rupees 40,000/ - and the owner of the car to pay Rs. 15,000/ -.