ORIENTAL INSURANCE CO LTD Vs. BAVAJI MANSUKH JETNATH

JUDGEMENT

(1.) SINCE the captioned matters involve identical facts and questions of law, the same are being decided by this common judgment.

(2.) BY way of this group of appeals, the appellant - Insurance Company has challenged the legality and validity of the judgment and award dated 12th December 1991 passed by the Motor Accident Claim Tribunal (Special) at Porbandar (hereinafter referred to as 'the Tribunal'), in Claim Case No.25 of 1991 and allied matters, whereby the Tribunal has directed the appellant -original opponent No.5 to pay an amount of Rs.12,000/ - to the original claimants.

(3.) IT is the case of the appellant - Insurance Company that on 03rd February 1991, the deceased and members of her family were going to Khambhodar from village Kadachh for betrothal of Rameshgiri by Truck bearing registration No.GTP -6654 belonging to the original opponent No.3 and the fare of Rs.15/ - was fixed per passenger, which was paid to original opponent No.3, who was driving the said Truck. Thereafter, the said Truck met with an accident as original opponent No.1 had come with Tractor bearing registration No.GAJ -8205 and Trailer bearing registration No.GTW -7084 rashly and negligently and dashed with the said Truck, wherein Shardaben, Manjuben and Rasilaben died and Rasilaben received injuries. Hence, the heirs of the deceased and guardian of the injured filed Claim Cases before the Tribunal, which ultimately came to be partly allowed holding the appellant herein to pay an amount of Rs.12,000/ - in each case. Hence, present group of appeals.