UNITED INDIA INSURANCE COMP LTD Vs. SUKHWANTIN BAI

JUDGEMENT

(1.) As all these appeals arise out of same accident, they are being disposed of by this common order.

(2.) As per averments made in the claim petitions, on 20.2.2011 Sarruram Rawte along with other persons was going in Maruti Van No. CG 07 M-3315 from Parsada to Adjaal and on the way his vehicle was dashed by bus bearing registration No. CG 04 ZA 0688 which was being driven in a rash and negligent manner. As a result thereof, Sarruram Rawte, Omprakash and Raju @ Ranjan Choudhari died and their dependents filed separate claim petitions before the Tribunal for compensation i.e. Claim Case Nos.308/11, 122/11 & 168/11 respectively.

(3.) The Additional Motor Accident Claims Tribunal, Balod, Distt. Durg decided the aforesaid claim cases and passed separate awards. While deciding Claim Case No.308/11, the Tribunal vide award dated 1.3.2013 fastened the liability on the owner of the offending vehicle and exonerated the insurance company whereas in Claim Cases No.122/11 & 168/11 vide awards dated 6.11.2012 & 6.10.2012 respectively, the Tribunal fastened liability on the insurance company. Therefore, the owner has filed appeal i.e. MAC No.827/13 and the United India Insurance Company has filed appeals i.e. MAC Nos. 169/2013 & 78/2013 challenging the respective awards.