HARDEV HARDWARE AND SANITATION Vs. KUNTI DHIWAR

JUDGEMENT

(1.) As both these appeals filed under Sec. 173 of the Motor Vehicles Act, 1988 (in short "the Act") by the owner arise out of the same accident occurred on 3.7.2016 involving vehicle No.CG 04/JD/8318 (hereinafter called as "offending vehicle"), they are being disposed of by this common judgment.

(2.) As per claim petition filed under Sec. 166 of the Act against the death of Dhananjay Dhivar which was registered as Claim Case No.699/2016, on 3.7.2016 non-applicant No.1 Sevakram Yadav by driving the offending vehicle in a rash and negligent manner entered into the hotel of deceased Dhananjay Dhivar, as a result of which Dhananjay suffered grievous injuries and died during the course of treatment. At the time of accident, the offending vehicle was owned by non-applicant No.2 Shri Hardev Hardware & Sanitation and insured with non-applicant No.3/United India Insurance Co. Ltd.

(3.) As per claim petition by injured Pyarelal Dhivar under Sec. 166 of the Act which was registered as Claim Case No.701/2016, in the same accident he also suffered grievous injuries as at the relevant time he was sitting in the said hotel.