Insurance Company to
pay compensation to the legal heirs of the deceased driver of the
vehicle. On merit, contents of the claim application were admitted ... deceased, and
has submitted in his objections, even evidence that even
though the deceased was his younger brother he was
working as a driver under
that the accident took place due to the
negligence of the deceased driver of the tourist bus bearing no. DL
1PB 8958. They alleged ... accident took place solely due to the
negligence of the deceased driver of tourist Bus bearing no. DL 1PB
MACT No. 94/16 Amit Verma
learned
Tribunal framed Issue No. 2 to the effect whether the deceased
driver was driving the vehiclemotor cycle bearing registration ... answering Issue No.
2, there is no specific finding whether the deceaseddriver was in
employment of the opponentowner Bhagwan Sahay or not. Even
vehicle by the deceased. No other
vehicle was involved in the accident. The deceased himself
was responsible for the accident. The deceased being the
owner ... learned Tribunal framed Issue No. 2 to
the effect whether the deceased driver was driving the
vehicle motor cycle bearing registration
learned Tribunal framed Issue No. 2 to
the effect whether the deceased driver was driving the
vehicle motor cycle bearing registration ... vehicle by the deceased. No other
vehicle was involved in the accident. The deceased himself
was responsible for the accident. The deceased being the
owner
deceased. The deceased is not a third party as he rode the
motorcycle. No third party claim will lie and also the deceased ... vehicle by the deceased. No other
vehicle was involved in the accident. The deceased himself
was responsible for the accident. The deceased being the
owner
death of deceased Gorelal in a
vehicle accident. It is averred that deceased Gorelal aged about 23 years was
employed as driver under the employment ... disclose the details of the driving license of the
deceased driver. This notice got no response from the owner of the vehicle,
which clearly shows
drivers are joint tort-feasors and
apportioned negligence in the ratio of 70% on the driver of the Lorry and
30% on the driver ... compensation awarded. The Tribunal fixed 30% negligence
on the deceased/driver of the Car, contrary to the evidence let in by the
appellants
avocation and income of the deceased.
The 5th respondent, father of the deceased is not the dependant of the
deceased. In any event, the compensation ... respondent, the driver of the lorry, F.I.R. was registered against the driver of
the car. According to the appellants, the deceased and other
instance of two passengers to attend
nature's call, the deceased driver of the Bus stopped the vehicle in the
extreme mud portion ... vehicle in a rash and negligent manner and dashed
against the deceased driver of the Bus and caused the accident. In the
accident, the driver
