NATIONAL INSURANCE COMPANY LTD ; JAVED Vs. JAVED AND OTHERS; RIYASUDDING & OTHERS; ISRAR AHMED & OTHERS

JUDGEMENT

(1.) All the three appeals, having arisen out of the same accident, are being taken up together for adjudication. Before proceeding further, it would be pertinent to mention the facts which are the basis of emerging out of these appeals.

(2.) The truck no. "HR 38E-8167" and Maruti Van No. "UP 07E-4705" dashed from the front while being plied from the opposite sides on the national highway near Roorkee. This accident occurred on 26.4.2006 at 7.30 PM. As a result of this mishap, Mr. Dilshad, who was driving the Maruti Van, and Mr. Javed, who was also sitting in that Van, became seriously injured. The former succumbed to his injuries on the next day, while Mr. Javed remained hospitalised for some quite good time and could recover later from the injuries suffered by him. Dilshad was running in his 22nd year and Javed was running in his 21st year at the time of accident. Both were bachelors.

(3.) Mact 99/2006 was presented by the parents of Dilshad on 11.7.2006 along with all the papers of the truck including its registration certification, insurance cover note and the driving license of the driver. Such truck was insured with the appellant National Insurance Company.