TMI Blog1975 (3) TMI 153X X X X Extracts X X X X X X X X Extracts X X X X ..... tanker belonged to respondent-National Carrier and Calender Singh respondent was driving it. One Bishambhar Dass fp. W. 9) was the Conductor. This Tanker was admittedly going on the wrong side of the road and when it reached a curve it was met with a military one tonner truck HC 15455 which was coming from Wangtu side. The tanker being on the wrong side was hit by the military truck, with the result that a very unfortunate accident took place. The truck swerved towards its right and fell into the river Sutlej It was being driven by Sepoy Kailash Yadav and four other employees of the military were occupying the other seats. All the five persons died as a result of that accident Accordingly the heirs of the deceased instituted Claims before t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ct and could be agitated for which a decision of the Tribunal was solicited. 4. The crucial question that arises in the present case is the liability of the minors for the statement of Smt. M. J. Stone and for the statements of the learned Advocates. Under Order 32, Rule 7 of the Civil P. C. an agreement or compromise by next friend, without the leave of the Court expressly recorded in the proceeding is void as against the minors although void able as against the other parties. The question that fell for determination is as to whether Order 32. Rule 7 is applicable in a proceeding before a Motor Accident Claims Tribunal. Under Section 110-C of the Motor Vehicles Act, the Claims Tribunal has all the powers of a Civil Court for the purpose ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mandatory and requires the guardian or next friend to obtain leave of the Court for entering into a compromise and such permission must appear expressly in the proceeding of the Court. As observed by the Supreme Court the Judge has to ascertain that the agreement or compromise is for the benefit of the minors. There can be no denial that in the present three appeals neither the Court gave permission to enter into the compromises nor did it apply its mind as to whether the compromise was for the benefit of the minors. Thus under Order 32, Rule 7 the compromises cannot be adhered to and are void as against the minors. They are also voidable as against Smt. M. J. Stone and other major appellants. They have very much discarded these compromise ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r. Although he stated that the brake system of mercedes vehicle does not work while standing and he did not start the engine. Nevertheless he was in a position to inspect and find out a to whether the brakes would have worked if the engine was capable of being started. When he opines that the brake system was correct and in order, there was no occasion to doubt his statement. Bishambhar Nath (P. W. 91 being the conductor of the tanker naturally supported Calender Singh and threw the blame upon the truck. It is abundantly clear that the tanker was found on a wrong side of the road. It was coming from a higher level and was going towards lower level. There was a sufficient steep and hence the probability is that the tanker was faster in speed ..... X X X X Extracts X X X X X X X X Extracts X X X X
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