ORIENTAL INSURANCE COMPANY LIMITED Vs. ZULFIKAR ISMAILBHAI KHANUSHIA

JUDGEMENT

(1.) FIRST Appeal Nos.1161 of 2013 and 1162 of 2013 along with Civil Application Nos.5176 to 5177/13 have been filed by the original opponent No.4 -Oriental Insurance Company Ltd. while First Appeal No.1264 of 2013 with First Appeal No.1265 of 2013 with First Appeal No.1267 of 2013 have been filed by the original opponent No.2 - The National Insurance Company Ltd. under Sec.173 of the Motor Vehicles Act, 1988 being aggrieved and dissatisfied with the common judgment and awards dated 18 -12 -2012 passed by the Motor Accidents Claims Tribunal No.12, Ahmedabad City at Ahmedabad in MACP Nos.187 of 2003, 419 of 2003, 187 of 2003, 188 of 2003 and 419 of 2013 respectively whereby all the opponents were jointly and severally liable to pay compensation to the claimants.

(2.) FACTS in short are that Motor Accident Claim Petition Nos.187 of 2003, 188 of 2003 and 419 of 2003 were filed by heirs and legal representatives of deceased Ashwinbhai, Vinubhai and Suresbhai claiming compensation for death of the deceased which is caused in a vehicular accident which occurred on 22 -8 -2002 at about 4.45 p.m. near Dhankan -Thalod Cross Roads. It was contended that all the deceased along with other passengers were travelling in Truck No.GJ -9 -T -7887 with which Truck No.GJ -1 -X -3373 coming from Talod side collided causing fatal injuries to the deceased. After hearing the learned advocates appearing for the parties and considering the oral as well as documentary evidence on record, the impugned common judgment and awards were passed by the Tribunal.

(3.) IT is submitted by Mr.Sunil Parikh for M/s National Insurance Company Ltd. that in other claim petitions arising from the very same accident, M/s Oriental Insurance Company has accepted 100% liability and satisfied all the awards passed therein and hence, on principle of res -judicata also, M/s National Insurance Company is not liable to pay any compensation. It is also submitted that the Tribunal has committed error in holding that driver of both the vehicles are liable for the accident. It is therefore requested that the claim petitions are required to be dismissed against M/s National Insurance Company and their appeals required to be partly allowed.