BHAGTIN BAI Vs. SANJAY SURYAWANSHI

JUDGEMENT

(1.) Since both the appeals filed by the different claimants arise out of same accident that took place on 20/10/2015, therefore, they are being heard together and disposed of by this common judgment.

(2.) As per averments made in the claim petition filed by the Smt. Bhaktin Bai, claimant in MACT No.540/2017, on 20/10/2015, when deceasedRohit Kumar Sonwani was going towards Ratanpur on his pulsar motorcycle bearing registration No.CG28-9554 (hereafter called as 'pulsar bike'). However, on the way, when he reached near Kanan Pindari, at that time, Sanjay Sooryavanshi/non-applicant No.1 by driving TVS moped bearing registration No.CG10-Y-0756 (hereinafter referred to as 'offending vehicle TVS moped') in a rash and negligent manner, came from opposite side and dashed against the pulsar bike of Rohit Kumar Sonwani, as a result of which, deceased-Rohit Kumar Sonwani sustained grievous injuries over his body and succumbed to the same. At the time of accident, the offending vehicle TVS moped was insured with non-applicant No.2 Bharti Axa Insurance Company Limited.

(3.) As per averments made in the claim petition filed by the Sanjay Sooryavanshi, claimant, in MACT No.564/2016, on 20/10/2015, when claimant-Sanjay Sooryavanshi, after completing his work was going towards his village Pendri via Bilaspur, Takhatpur, Main Road, on offending vehicle TVS moped and suddenly his mobile phone rang, then he stopped the offending vehicle TVS moped and was talking on the side of road, at that time, driver of the pulsar bike (deceased-Rohit Sonwani) by driving the same in a rash and negligent manner, dashed the offending vehicle TVS moped from back side, as a result of which, he sustained grievous injuries over his body, due to said injuries, he was admitted in CIMS Hospital, Bilaspur and thereafter, he was referred to Mundra Hospital, Bilaspur for better treatment where he remained from 21/10/2015 till 24/10/2015. In the said accident, the driver of pulsar bike (Rohit Kumar Sonwani) has died. At the time of accident, the pulsar bike was insured with non-applicant No.1 i.e. Bajaj Alliance General Insurance Company Limited and non-applicant No.2 has been arrayed as legal heirs of deceased-Rohit Kumar Sonwani.