UNITED INDIA INSURANCE CO LTD Vs. VIRENDRA MAHATO

JUDGEMENT

(1.) BY these first appeals, the appellant herein ­ original opponent No.2 United India Insurance Company Ltd. has challenged the common judgment and award dated 24-12- 1996 passed by the learned MAC Tribunal(Main), Bhavnagar, in M.A.C.P. Nos.164/96, 163/96, 165/96, 166/96, 167/96, 168/96, 169/96 and 170/96.

(2.) SHORT facts are that all the deceased persons were travelling from Bhavnagar to Ahmedabad via Bagodara in Maruti Van No.GJ-1-R-8974 driven by one Dhirajlal Nandlal which was of the ownership of opponent No.1 and which was insured with opponent No.2-the appellant herein. It was contended that when the said Maruti Van reached near the scene of offence at about 00.30 am. on the night between 5-6- 95 and 6-6-95, due to rash and negligent driving and due to excessive and uncontrollallable speed of the driver of said Maruti Van on the wrong side of the road, it dashed with one public carrier bearing No.GJ-1-X-4251 coming from the opposite direction causing fatal injuries to all the persons travelling in the van.

(3.) HEARD learned advocates, Mr.Vibhuti Nanavati for the appellant and Ms.Renu Singh for Mr.Y.N.Ravani for respondent Nos.1 and 3.