ORIENTAL INSURANCE CO. LTD. Vs. BALDEV SINGH

JUDGEMENT

(1.) HEARD . Miscellaneous Appeal No. 212 of 2003 has been preferred by the Oriental Insurance Company Limited against the award dated 26.9.2002 passed by the 5th Additional Motor Accidents Claims Tribunal, Raipur in Claim Case No. 15/1993.

(2.) MISCELLANEOUS Appeal No. 213 of 2003 has been preferred by the Oriental Insurance Company Limited against the award dated 27.9.2002 passed by the 5th Additional Motor Accidents Claims Tribunal, Raipur in Claim Case No. 16/1993.

(3.) CASE of the claimants of all the three claim cases, according to them, is that on the date of accident, i.e., 4.5.1993, at about 12 O'clock in the night, non -claimant Baldev Singh had parked a truck bearing registration No. MBR 8648 negligently on the middle of the road without putting the parking light on. At that time, Suresh Kumar Chhura, Rajesh Kumar Bundela and Jameel Ahmed were coming from Mandirhasaud to Raipur riding together on a Yamaha Motor Cycle bearing registration No. MP 23 F 2000 and as soon as they reached near Chherikhedi turning, they dashed with the said truck parked on the middle of the road. As a result of the accident, all the three riders of the motor cycle died on the spot. The incident was reported to the Police Station Mandirhasud.