M.Y. Eqbal, J.
1. This appeal is directed against the judgment and award dated 14.5.1991 pased by 1st Additional District Judge-cum-Motor Accident Claims Tribunal, Hazaribagh in Claim Case No. 65/1987 whereby he has dismissed the claim application holding that the claimant failed to prove rash and negligent driving of the dumper bearing No. BHM-2965 which dashed against the motorcycle which was involved in the accident.
2. It appears that the son of the claimant, namely, Deepak Kumar Verma along with his friend Ashish Ranjan were going to Hazaribagh from Ramgarh on a motorcycle. On the way near village Hatiyari, dumper came from the opposite direction and dashed against the motorcycle, as a result of which, both the occupants of the motorcycle died. It is stated that the dumper dragged the motorcycle and the occupants for about 30 ft.
3. Two claim cases were filed, one by the dependants of Ashish Ranjan being Claim Case No. 62/1987 and another by the defendants of Deepak Kumar Verma which is the instant case. It further appears that so far Claim Case No. 62/1987 is concerned, parties have compromised before the Lok Adalat held at Hazaribagh and a sum of Rs. 1,14,000/- has been paid to the claimants of that case by way of compensation. Since the instant claim case was disposed of, same could not be settled before the Lok Adalat.
4. We have perused the judgment of the Tribunal and the finding recorded on the issue of rash and negligent driving. The Tribunal has held that no reliable evidence has been brought by the claimants to prove that accident took place due to rash and negligent driving. The Tribunal has held that no reliable evidence has been brought by the claimants to prove that accident took place due to rash and negligent driving of the dumper. The case of the claimant is that while the deceased was going on motorcycle, the dumper came from the opposite direction and hit the motorcycle and dragged it along with the occupants for about 30 ft.
5. In our view, having regard to the undisputed statements the Tribunal ought to have applied the doctrine of 'Res Ipsa Loquitur'. In other words, sometimes the accident itself proves the negligence. The fact that the dumper hit the motorcycle and dragged it along with the occupants to a distance of 30 ft. is by itself sufficient to infer rashness and negligence on the part of the driver in driving the dumper. We, therefore, hold that the accident of the dumper by the driver and as such the claimants are entitled to compensation.
6. So far quantum of compensation is concerned, Mr. RP.N. Rai, learned Counsel for the appellants has brought to our notice that in another case being Claim Case No. 62/1987 on the same set of facts, the Insurance Company has paid Rs. 1.40 lakhs. Learned Counsel submitted that the claimants of the instant case are also entitled to get at least the aforesaid amount by way of compensation. We find force in the submission of the learned Counsel.
7. We, therefore, allow this appeal, set aside the judgment and award passed by the Tribunal and direct the respondent-Insurance Company to pay a sum of Rs. 1.40 lakhs by way of compensation together with interest at the rate of 9% from the date of the award i.e. from 14.5.1991.
8. Needless to say that the interim compensation if any, already paid by the Insurance Company to the claimants, shall be deducted out of the aforesaid compensation amount of Rs. 1,40 lakhs. It is expected that the Insurance Company shall satisfy, the awarded amount within a period of two months from today.