Babarao Tanbaji Dhale And Anr. vs Sk. Naseer Sk. Yakub And Ors.
2006 Latest Caselaw 15 Bom

JUDGMENT

Bagga A.S., J.

1. This appeal has been filed by the original applicants and it is directed against the Award dated 27th August, 1990, passed by the Motor Accident Claims Tribunal, Wardha, in Motor Accident Claim Case No. 73/1986, whereby a sum of Rs. 50,000/- together with [email protected] 12% per annum from the date of the application till realisation of the amount, with proportionate costs, has been awarded to the appellants/original applicants by way of compensation for the death of the son of the applicants in motor accident.

2. A claim petition was filed by the present appellants before the Motor Accident Claims Tribunal, Wardha, claiming compensation. It is the case of the appellants that son of the appellants, who was educated upto VI standard, and who used to sell biscuits etc. as hawker at S.T. Bus Stand, Samudrapur, while travelling in a truck bearing No. MH G 6439, died on account of collusion of the vehicle with a bus bearing No. MTB 9345 belonging to the Maharashtra State Road Transport Corporation. On account of the collusion, the deceased boy fell down from the truck and came under the wheels of the truck and died on the spot. The offence was registered against the respondent No. 1-Sk. Naseer Sk. Yakub, the Driver of the truck. It was stated that the accident took place on account of negligent driving of the truck as well as bus of the Maharashtra State Road Transport Corporation. A sum of Rs. 60,000/- was claimed by the applicants, parents of the deceased, from the respondents. The respondent No. 1 is the truck Driver, the respondent Nos. 2 and 3 are the truck owner and insurer respectively, respondent No. 4 is the Maharashtra Road Transport Corporation and the respondent No. 5 is the Driver of the S.T. bus.

3. The learned Tribunal, after framing necessary issues and after recording evidence as led by the parties, recorded a finding that the accident took place on account of negligent driving of the truck by the respondent No. 1. The learned Tribunal determined the compensation of Rs. 50,000/- and directed the respondent No. 1 only to pay the said amount. The learned Tribunal found that the truck involved in the accident was a goods truck and it was used for carrying members of the marriage party. The learned Tribunal, therefore, held that neither the owner nor the Insurance Company was liable to pay the compensation to the claimants. Hence the Award was passed only against the Driver of the truck, i.e. the respondent No. 1. Hence this appeal is preferred by the original claimants.

4. When the matter is called, none appeared for the claimants and the matter is disposed of on merits.

5. On perusal of the Award passed by the learned Tribunal, it would be seen that it has been rightly held that the accident took place because of the rash and negligent driving of the respondent No. 1. The learned Tribunal has rightly taken into consideration the circumstance that the truck halted at a distance of 410 feet from the place of accident. The evidence of A.W. No. 3 Baba Shegokar and the evidence of the Bus Driver was also taken into account to which the finding is that it was the truck Driver who was negligent. No exception can be made to the findings reached by the learned Tribunal in this regard.

6. It is pertinent to note that the Driver of the truck himself admitted that he was forbidden by his employer to carry passengers. Admittedly, Sk. Nasir was the Driver in the truck when the accident took place. Since the Driver took the passengers in contravention of provisions of law and against the instructions by his master, the learned Tribunal has rightly held that the owner could not be vicariously held responsible to pay the compensation in such circumstances. With regard to the Insurance company, since the deceased had not hired the vehicle and since he was a gratutious passenger, the Insurance company has rightly been exonerated. Thus, after perusal of the judgment and evidence in this case, it is seen that there is no legal or trustworthy error committed by the learned Tribunal in holding that the accident took place on account of negligence of the truck Driver and that the owner and the Insurance Company are not, in any way, liable to pay the compensation.

7. The amount of Rs. 50,000/- which has been awarded is also reasonable in view of the fact that the age of the deceased was 15 years. He was educated upto VI standard and used to deal in sale of biscuits and breads. The amount of Rs. 50,000/- way back when this Award was passed, cannot be said to be on lower side. The applicants have claimed Rs. 60,000/- and the Award of Rs. 50,000/- has been passed, which is just and proper.

8. No merits in the appeal. Same is dismissed.