BAIJNATH Vs. CHANDRIKA PRASAD

JUDGEMENT

(1.) THE above miscellaneous appeals re being disposed off by this common order, as all these appeals are arising out of the same incident.

(2.) M. A. Nos. 1019/2003, 1020/2003 and 1021/2003 have been filed by appellants baijnath, Champa, Pila Dau, Aadharmati and jhinguryadav under Section 173 of the Motor vehicles Act, 1988 questioning legality and correctness of the award dated 31stjul, 2003 passed by the 2nd Additional Motor Accidents claims Tribunal, Baloda Bazaar in Claim Case nos. 31/2000, 28/2000 and 29/2000, on the ground thatthe compensation amount awarded to the appellants is much lower, whereas they are entitled for more compensation amount. M. A. Nos. 811/2003, 962/2003, 1012/2003 and 1013/2003 have been filed by appellant awadh Ram Sahu on the ground that the tractor-trolley in question was insured with the oriental Insurance Company Limited, therefore, liability for payment of the award oughtto have been fixed on the Insurance Company instead of on the appellant.

(3.) BRIEF facts necessary for the disposal of these appeals are that in the intervening night of 11th and 12th May, 2000, stone slabs were loaded in the trolley bearing No. MP-23/g-9047 which was attached with the tractor bearing No. MP-23/g-0946 from the stone quarries of Sohagpur (Dhobni ). At about 12 in the midnight, the tractor started from the stone quarries of Sohagpur for Tumin (Bhawarpur ). The tractor was being driven by chandrika Prasad Sahu in rash and negligent manner, therefore, when the tractor reached on culvert of Jharband trolley turned turtle. Tungnath Sahu, Rohit Kumar, Ghanshyam, jhingur and Manbodh were sitting in the said trolley at the time of accident. Rohit Kumar, tungnath Sahu and Ghanshyam died on the spot, whereas Jhingurand Manbodh sustained grievous injuries. Therefore, Baijnath and champa, legal heirs of Rohit Kumar, filed claim case No. 31/2000, whereas Pila Dau and Aadharmati, legal heirof Tungnath Sahu, filed Claim Case No. 28/2000, injured Jhingur filed Claim Case No. 29/2000 and injured manbodh filed Claim Case No. 30/2000 before the 2nd Additional Motor Accident Claims tribunal, Baloda Bazar. However, legal heirs/ parents of Ghanshyam namely, Pukram satnami and Kalashi Bai had filed Claim case No. 8/2000 before the 2nd Additional motor Accident Claimstribunal, Mahasamund.