Rajasthan High Court
TYAGI (Actg.) G.J. & JAIN, J.
The United India Fire & General Insurance Go Ltd. - Appellant
Versus
Mst. Sayar Kanwar - Respondents
D.B. Civil Misc. Appeal No 149 of 1972
Decided On : April 06, 1976
2. An Accident involving two motor vehicles took place on 14-5 1967 at 7-00 p.m. near village Kamalpura on the Bhilwara-Shahpura Road. Passenger bus No. RJE 6-53 was coming from Kota side, while Jeep No. RJE 723 was going from Bhilwara in the opposite direction Both the vehicles collided giving rise to 4 claim petitions Nos. 26/67, 27/67, 28/67 and 29/67, which were filed before the Motor Accidents Claims Tribunal, Bhilwara.
3. The bus was owned by Aaya Singh and was insured with New Great Insurance Company of India Ltd. It was being driven by Panna Lal. The bus had no permit, yet it was carrying a marriage party from Kota to Bhilwara. The marriage party was of Sub-Inspector Bahadur Singh of Bhilwara. The jeep was owned by Bhagwan Swaroop and insured with the Vulcan Insurance Co; Ltd. It was being driven by Shakoor Pinare. The Jeep was carrying Chandan Singh, Bagh Singh, Raj Kanwar and Anand Kanwar and Shaitan Singh. The owners and insurers of both the vehicles blamed each other for the accident.
4. Chandan Singh filed the petition No. 26/67 that he was occupying a seat in the jeep. The accident took place on account of the negligence of the drivers of both the vehicles. He received four injuries and claimed Rs. 50,000/- as compensation. The Vulcan Insurance Companys contention was that they had not covered the risk of a passenger travelling in a private jeep. The learned Tribunal held that the accident occured on account of the negligence of both the drivers and awarded a total sum of Rs. 15,000/- to Chandan Singh, against the owners of the bus and jeep and their insurers, but it limited the liability of the New Great Insurance Go. to Rs. 8,000/- only.
5. In the claim petition No. 27/67 filed on behalf of Shaitan Singh, who was also travelling in the jeep the claim was for Rs. 2,000/. Shaitan Singh is a minor child and son of Chandan Singh. He had suffered a fracture in the left lower jaw. The learned Tribunal awarded to him Rs. 1,000/- as general damages for physical and mental pain.
6. Claim petition No. 28/67, was filed on behalf of the widow Sayar Kanwar and minor sons of deceased Bagh Singh, who was travelling in the jeep and died. The claim was for Rs. 30,500/-. The learned Tribunal awarded Rs. 17,200/- in favour of the applicants and against the owners and insureis but it fixed the liability of the New Great Insurance Co., at Rs. 10,000/-.
7. The claim petition No. 29/67 was filed by Mst. Raj Kanwar for a compensation of Rs. 2,50®/- for the injuries sustained by her. She was travelling in the jeep. The learned Tribunal awarded Rs. 2,500/- to her against the owners and insurers but limited the liability of the New Great Insurance Company to Rs. 1,600/- only.
8. Thus, the total amount awarded was Rs. 35,700/- out of which Rs. 20,000/-were specified to be paid by the New Great Insurance Co. insurer of the bus.
9. It appears that the New Great Insurance Company has deposited the amount for the payment of the claimants. But the vulcan Insurance co. which is now vested in the United India Fire and General Insurance Co. Ltd. and Aaya Singh have challenged the award.
10. Appeals Nos. 156, 157, 158 of 1972 and Revisiou No. 469/72 are by Aaya Singh the owner of the bus. Appeal Nos. 149,150, 151 of 1972 and Revision No. 421/72 are by Messrs. Unined India Fire and General Insurance Co. Ltd.
11. The learned counsel for the revisioners submitted that if no revision is permissible under sec. 115 of the C .P.C. against the Tribunal, then that two revisions may be treated as applications under Art. 227 of the Constitution, Reliance was placed upon Laxmi Narain Misra v. Kailash Narain Gupta (1) and Calcutta Chemical co. Ltd. V. D.R. Barman (2). In the Rajasthan case it was held that the claims Tribunal is not a court subordinste to High court. In the Patna case, it was observed that where the case is heard by the Division Bench, it makes no difference whether
(28) Premier Insurance Co. Ltd. vs Gambhir Singh & Golab Singh (AIR 1975 Guj. 133)
(7) C.K.S. Iyer vs T. Kunhikuttan Nair (AIR 1970 SC 376)
(1) Laxmi Narain Misra vs Kailash Narain Gupta (1974 RLW 7)
(22) Krishnaswami vs. Narayana (AIR 1939 Mad. 261)
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