NATIONAL INSURANCE COMPANY LTD Vs. NARESHKUMAR JAVSING BAMANIYA

JUDGEMENT

(1.) All these First Appeals preferred under Section 173 of the Motor Vehicles Act, 1988, by the appellant Insurance Company are directed against the judgment and awards all dated 29th June, 2013, delivered by the Motor Accident Claims Tribunal (Auxi.), Dahod, in the respective Motor Accident Claim Petitions.

(2.) Though different claim Petitions were filed by the claimants concerned, they all pertained to the same vehicular accident resulting. As the accident was one and the facts involved were similar and issues identical, all the Appeals therefore taken up for hearing together, and are being treated for disposal by this common judgment.

(3.) The representative facts are taken from Motor Accident Claim Petition No. 342 of 2020, relatable to the first captioned First Appeal. The accident occurred on 19.6.2007 at about 2.30 a.m. The claimant and other passengers had gone to a marriage ceremony. They all were returning from Rabdal and had been proceeding towards village Bordi, travelling in a tractor bearing No. GJ-20-B-884 attached with trolley bearing No. GJ-20-T-8346. When the tractor reached near the Sim of village Movaliya, an Eicher truck bearing registration No. MP-9-GE- 116 driven in rash and negligent manner came with excessive speed from behind and dashed with the trolley. The trolley alongwith the tractor turned turtle. As a result, the claimant of this claim petition as well the other travelers-claimants sustained serious injuries. The First Information Report was lodged. Different claim petitions were filed to result into the judgment and awards by the Motor Accident Claims Tribunal as aforesaid.