NATIONAL INSURANCE COMPANY LIMITED Vs. INDIAN ROADLINES

JUDGEMENT

(1.) Both these appeals are arising out of common judgment and award passed by Motor Accident Claim Tribunal (Main), Jamnagar District. In view of the request made by learned advocates, both these appeals are taken up for hearing conjointly.

(2.) So far as First Appeal No. 4837 of 2010 is concerned, it is filed under Sec. 173 of the Motor Vehicles Act, 1988 arising out of Motor Accident Claim Petition No. 384 of 2006, whereas First Appeal No. 4838 of 2010 is arising out of common order dtd. 30/3/2010 in connection with M.A.C.P. No. 385 of 2006. Since both these claim petitions are arising out of the very same accident and out of the common judgment and award, for sake of convenience, facts are taken from First Appeal No. 4837 of 2010 by treating the same as a lead matter.

(3.) The case in brief is that on 31/5/2006, in early morning at about 3 O'clock, claimant Ayubbhai Ishakbhai, Sumbhaniya were walking on 'Netar Na Bridge' along with wife Rahimaben, son Asaraf and mother Jiluben, and at that point of time, a dumper bearing registration No. GJ-10V6722 came in a rash and negligent manner, driven by driver, and dashed the wife Rahimaben and son Asaraf, on account of which, Rahimaben died due to such accident, whereas son Asaraf sustained serious injuries in legs and head. On account of this, mother Jiluben who was on the spot reached Mithapur Outpost and lodged FIR, bearing No. 33 of 2006 at Okha Police Station, in which ASI of Okha Police Station has recorded statement of mother and additional statement on 31/5/2006 and 7/6/2006 respectively. On coming to know in additional statement, it was recorded that the dumper GJ-10V6722 was driven by driver Deepsinh @ Dipu Samaiyabha and the accident took place in the middle of the road Netar Na Bridge at Okha-Dwarka Highway road.