ORIENTAL INSURANCE CO LTD Vs. VASANTLAL PURUSHOTTAMDAS SONI

JUDGEMENT

(1.) ALL these 11 appeals are taken up together as these appeals come out of 11 different claim -applications under section 166 of the Motor Vehicles Act arising out of the same accident and disposed of by a common judgment.

(2.) THERE is no dispute that on 28th November 1992, while more than 10 persons were travelling in a jeep insured by the present appellant and were proceeding from Badoli to Akshardham, there was a head -on -collision of the said jeep with another truck bearing No.GTX -5564 coming from the opposite direction, resulting in death of 7 persons and injury to the other 5. The insurer of the offending truck was New India Assurance Co. Ltd. and the insurer of the jeep was the appellant, namely, Oriental Insurance Co. Ltd. 12 different claim -applications were filed and in all those matters, the driver, owner and insurer of both the vehicles were made parties. In all the claim -applications, the respective claimants relied upon the common FIR lodged by claimant of one of the claim -applications, namely, Kavitaben Vinodbhai Prajapati, claimant of MAC Petition No.7 of 1993. The proceedings were contested only by the two Insurance Companies but neither the driver nor the owner of either of the vehicles contested the proceedings. At the time of hearing which was analogously made, all the applicants separately gave evidence and they were cross -examined by the learned counsel for the two Insurance Companies.

(3.) THE learned Tribunal below, on consideration of the materials on record, came to the conclusion that the accident occurred due to negligence of 70% of the driver of the offending truck and 30% of the driver of the jeep. Consequently, the following award was passed specifying the liability of each of the parties : - MACP No. Amount of Compensation Opponent Nos. 1 to 3 (70%) Opponent Nos.4 to 6 (30%) 41/93 Rs.1,99,000/ - Rs.1,39,300/ - Rs.0,59,700/ - 42/93 Rs.1,79,000/ - Rs.1,25,000/ - Rs.0,53,000/ - 43/93 To be paid Rs.0,55,400/ - Rs.0,38,780/ - Rs.0,38,800/ - Rs.0,16,620/ - Rs.0,16,600/ - 44/93 Rs.0,32,000/ - Rs.0,22,400/ - Rs.0,09,600/ - 45/93 To be paid Rs.0,23,700/ - Rs.0,16,590/ - Rs.0,16,600/ - Rs.0,07,110/ - Rs.0,07,100/ - 1150/92 To be paid Rs.2,02,800/ - Rs.1,41,960/ - Rs.1,42,000/ - Rs.0,60,840/ - Rs.0,60,800/ - 1151/92 Rs.2,30,000/ - Rs.1,61,000/ - Rs.0,69,000/ - 1152/92 Rs.1,25,000/ - Rs.0,77,500/ - Rs.0,47,500/ - 1164/92 Rs.1,45,000/ - Rs.1,01,500/ - Rs.0,43,500/ - 7/93 To be paid Rs.3,76,400/ - Rs.2,63,480/ - Rs,2,63,500/ - Rs.1,12,920/ - Rs.1,12,900/ - 274/93 To be paid Rs.0,57,900/ - Rs.0,40,530/ - Rs.0,40,500/ - Rs.0,17,370/ - Rs.0,17,400/ - 350/93 - - - -