NATIONAL INSURANCE COMPANY LTD. Vs. KALPANADAS AND OTHERS

JUDGEMENT

(1.) The aforementioned four appeals (M. A. Nos. 995/2005, 996/2005 1149/2005 and 423/2006) are being decided by this common order as they arise out of the common award dated 30th April, 2005 passed by the 8th Additional Motor Accident Claims Tribunal, Raipur in Claim Case Nos. 26 and 27 of 2004.

(2.) Brief facts, in nutshell are that on 23rd Oct., 2003 Debu Das and Asim Biswas were going from Mumbai to Kolkata by the vehicle-Maruti Wegon R, bearing registration No. MH-02/M.A.-7025. On the way, near Navagoan turning, Police Station-Gumgaon, due to rash and negligent driving by the non-applicant No. 1 (Uday Salvi) the vehicle was collided with some unknown vehicle, which was coming from the opposite direction. As a result of the accident both the persons received grievous injuries and succumbed to those injuries. The matter was reported in the police station-Tumgaon where the offence was registered at Crime No. 241/2003.

(3.) At the relevant time the vehicle-Maruti Wegon R was owned by the non-applicant No. 2 (Bharat Navin Patel) and it was insured by non applicant No. 3 (National Insurance Company Ltd.).