The judgment emphasized the principle of composite negligence and the joint and several liability of the tortfeasors in motor accident claims, as well as the inquisitorial jurisdiction of the Motor Accident Claims Tribunal and the social welfare objective of the Act.

JUDGMENT :

This is a claimants’ appeal under Section 173 of the Motor Vehicles Act, 1988[‘the Act of 1988’ for short]. The appellants, who are four in number, are the widow and the minor children of the late Jagdish Prasad, the victim of a fatal motor accident. The appellants shall hereinafter be called the 'claimants' unless an individual or different reference is necessitated by the context. Respondent No.1 to this appeal, Pratap Singh, is the owner of the offending vehicle, a truck bearing Registration No. HR 38-E-6399. Ram Chandra is the driver (respondent No. 2 here) of the offending vehicle whereas respondent No. 3, the Divisional Manager, National Insurance Company Ltd., Samad Road, Aligarh, are the insurers. Respondent Nos. 1, 2 and 3 shall hereinafter be referred to as the driver, the owner and the insurers in that order.

2. The facts giving rise to this appeal are these : Jagdish Prasad alias Jagdish Babu son of the late Munshi Lal, resident of Mohalla Abul Fazal, Town Jalali, Police Station Harduaganj, District Aligarh was a medical practitioner aged about 40 years. He was a R.M.P. (Registered Medical Practitioner) doctor and would earn a sum of Rs.10,000/- per mensem from his practice. He was practising medicine at Jalali for the past 22 years. On the 23rd March, 2001, at 11:00 O' Clock in the morning hours, Jagdish Prasad was proceeding from his in-laws’ place located in Village Karsan to Etah, riding pillion on a motorcycle, bearing Registration No. U.P. 75 B-4037. The motorcycle was being ridden at a slow speed by one Neeraj Kumar son of Siyaram. It was moving on one side of the road. As the motorcycle reached a Village called Nagla Kisi on the Awagarh-Etah road, a truck bearing Registration No. HR 38-E-6399 of Tata approached from the opposite direction, driven rashly and negligently. It went to the wrong side of the road and hit the ill-fated motorcycle. In consequence of the impact, both the rider and the pillion sustained grievous injuries. Neeraj Kumar died on way to the hospital, whereas Jagdish Prasad, who had sustained grievous head injuries was taken to the J.N. Medical College Hospital, Aligarh for treatment. He died during treatment on 28.03.2001 at 5:00 O'Clock in the morning.

3. The claimants, accordingly, petitioned the Tribunal praying that they may be awarded compensation in the sum of Rs.20,57,000/-.

4. Upon notice being issued to the opposite parties to the claim petition, that is to say, the owner, driver and the insurers, the insurers appeared and put in their written statement on 01.12.2001. The claimants’ case was generally denied. In the additional pleas, it was averred that unless a valid insurance policy and the driver's license, besides other papers relating to the offending vehicle were produced, the insurers were not liable to pay any compensation. It was also pleaded that the insurers had no personal knowledge about the accident. It was averred that the insurers and the owner of the ill-fated motorcycle were not made parties to the claim petition and, therefore, the claim was bad for non-joinder of the necessary parties.

5. The owner did not file any written statement.

6. On the pleadings of parties, the following issues were framed (translated from Hindi to English) :

1. Whether on 22.3.2001 at about 11 o'clock Jagdish Prasad, son of Munshi Lal, resident of Mohalla Abul Fazal Jalali, P.S. Harduaganj, was riding pillion on Motorcycle bearing Registration No. UP75B-4037 along with Neeraj, son of Siyaram, proceeding from Karsan to Etah and when they reached Awagarh road near village Kisi, Truck bearing No.HR 38 E 6399 driven by its driver at a high speed and negligently hit the motorcycle, in consequence whereof, Jagdish Prasad sustained grievous injury and died on 28.3.2001?

2. Whether on the date of the accident, drivers of both the vehicles had valid driving licences?

3. Whether on the date of the accident, both the vehicles had a valid insurance policy?

4. Whether the claimants are entitled