NEW INDIA ASSURANCE CO LTD Vs. SUBHASH CHANDRA & OTHERS; VIJAY RANI & OTHERS; KHEEMA DEVI & OTHERS; SONI & OTHERS; ROSHAN JAHAN & OTHERS; KAMLESH & OTHERS; RAMESH CHANDRA JOSHI & OTHERS; SHANTI DEVI & OTHERS; KM ANJU RANI & OTHERS

JUDGEMENT

(1.) All these appeals filed by the insurance company have arisen out of the judgment and order passed by the Tribunal, which deals with the awarding of compensation in the same accident, hence are being taken up together for adjudication by this common verdict.

(2.) The accident has not been denied, which occurred on 3.7.2008 at 1:00 PM, when the passenger Mini Bus No.UA- 04-A-0397 was being plied from Haldwani to Bazpur. As has been deposed by Mr. Pawan Kumar (husband of owner of vehicle Smt. Sudesh Kumari), such accident occurred on account of a sudden mechanical defect developed in the bus, with the result, it dashed against a tree, as a consequence whereof, several passengers got seriously injured and at least 21 of them succumbed to their injuries. Several claim petitions were filed in different Tribunals of this province, hence the insurance company has challenged the award before this Court on different scores.

(3.) Learned counsel for the insurance company, at the outset, has vehemently stressed on the report of Sub Divisional Magistrate dated 20.3.2009, which runs in as many as 10 pages. Such report discloses that the vehicle was being driven at the relevant time by one Mr. Gurdeep Singh Ladi S/o Suchha Singh, who did not possess a valid driving licence at the relevant time.