ORIENTAL INSURANCE COMPANY LIMITED Vs. GANESHLAL NATHUJI CHAUDHARY

JUDGEMENT

(1.) In this group of 25 appeals, under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as `the new Act'), the appellant original opponent No. 3, The Oriental Insurance Company Ltd. - insurer has challenged the legality and validity of the common judgement rendered by Motor Accident Claims Tribunal, Morbi of Rajkot District, recorded on 31.1.2000, whereby, 18 injured persons and legal heirs and representatives of 7 deceased victims of road accident came to be awarded compensation of different amounts in different petitions holding that the driver of a motor truck GQA 5644 was rash and negligent and responsible for the accident and owner of the truck is, vicariously, liable and the insurer is bound to indemnify the insured owner of the vehicle with interest and cost in view of the insurance policy at Exh. 165 and the provisions of the Act.

(2.) There were 25 claim petitions. Seven persons sustained fatal injuries in the accident. The legal heirs and representatives deceased victims of road accident claimed compensation by filing seven claim petitions MACP Nos. 192 of 1991 to 198 of 1991 against which First Appeal Nos. 820 of 2000 to 826 of 2000 have been filed. In so far as the injured claimants are concerned, they had filed MACP Nos. 199 of 1991 to 215 of 1991 and MACP No. 235 of 1991 against which First Appeal Nos. 827 of 2000 to 844 of 2000 have been filed at the instance of the original opponent No. 3 insurer of the offending truck by invoking the aid of the provisions of Section 173 of the new Act.

(3.) Unfortunate road accident which took toll of seven persons and caused injuries to several other persons, out of whom 25 persons filed claim petitions occurred on 11.3.1991 between 2.00 and 3.00 p.m. on Rajkot-Ahmedabad highway near Bhalgam bus-stand. The deceased and the injured claimants were sitting along with their goods in motor truck GQA 5644 driven by Ganeshlal Nathuji Chaudhary and owned by Jivrajbhai Lalchandbhai Malu of Mahalaxmi Transport which was proceeding on Rajkot-Ahmedabad highway towards Ahmedabad side. The truck was driven in a rash and negligent manner. As a result of which when the truck reached near bus stand of village Bhalgam and Thikariyadi, the driver of the truck lost control over the vehicle and it went off the road and turned turtle culminating into death of seven persons and injuries to several other occupants sitting in the goods on trucks at the relevant time.