LAWS(CHH)-2019-2-104

UNITED INDIA INSURANCE COMPANY LIMITED THROUGH ITS BRANCH MANAGER Vs. ROHIT DEWANGAN S/O CHINTARAM DEWANGAN

Decided On February 18, 2019
United India Insurance Company Limited Through Its Branch Manager Appellant
V/S
Rohit Dewangan S/O Chintaram Dewangan Respondents

JUDGEMENT

(1.) As all these three appeals filed by the insurance company under Section 173 of the Motor Vehicles Act, 1988, arise out of the same accident occurred on 20.6.2011 involving vehicle Tata Sumo bearing registration No. CG 10F 0319, driven by non-applicant No.1, owned by non-applicant No.2 & insured with non-applicant No.3, they are being disposed of by this common judgment.

(2.) As per averments in the claim petitions, on 20.6.2011 Smt. Uma Dewangan, Bharat Lal Dewangan and Ajay Dewangan, were travelling in Tata Sumo bearing No. CG 10F 0319. However, non-applicant No.1 by driving the said vehicle in a rash and negligent manner, hit it against a truck bearing No. JH 12 C 2405, which was coming from opposite direction, and thereafter, having lost control over the vehicle, dashed a dumper bearing No. CG 04 J 2025 which was parked by the side of the road. In the said accident, Smt. Uma Dewangan, Bharat Lal Dewangan and Ajay Dewangan, suffered grievous injuries.

(3.) All the injured claimants filed separate claim petitions under Section 166 of the Motor Vehicles Act seeking compensation for the injuries suffered by them in the said accident.