KAMAL KUMAR Vs. JAWAHAR LAL PATEL

JUDGEMENT

(1.) THESE appeals have been filed against the awards dated 18-08-2008 passed by the Additional Motor Accident Claims Tribunal, Sarangarh (Raigarh) in Claim Case Nos. 73/2006 (Jawahar Lal Patel vs. Kamal Kumar & others) and 88/2006 (Jayram Sidar vs. Kamal Kumar & others). Since both the appeals arise out of the same accident caused by Mahendra Jeep bearing registration No. M.P. 26-T/0827, (new number is C.G. 13/ZA/0539), they are being disposed of by this common order.

(2.) THE appeals have been filed under Section 173 of the Motor Vehicles Act, 1988 (for short 'the Act') by the appellant/owner against the awards dated 18-08- 2008 passed in Claim Case Nos. 73/2006 and 88/2006 by the Additional Motor Accident Claims Tribunal, Sarangarh (Raigarh) (for short 'the Claims Tribunal'), in so far as it relates to fastening of liability to pay compensation to the claimants upon the appellant/owner, exonerating the respondent/Insurance Company and at the same time directing the respondent/Insurance Company to first pay the amount of compensation, then to recover the same from the owner and driver of the offending vehicle.

(3.) I have heard learned counsel appearing for the parties and perused the record of the Claims Tribunal.