MOTIBEN DUDABHAI Vs. ARJANBHAI MUNJABHAI

JUDGEMENT

(1.) The present Appeals arise from the impugned common judgment and award dated May 28, 2015 passed in MACP No.52/2005, MACP No.43/2005 and MACP No.45/2005, disposing the said petitions by the Learned Motor Accident Claims Tribunal (Aux.), Porbandar.

(2.) By way of the impugned common judgment and award, and in each of the said claim petitions, the Tribunal was pleased to exonerate the opponent nos. 2 to 5, being the Geneal Manager, Western Railways (original opponent no.2, present respondent no.2), the Ministry of Railways (original opponent no.3, present respondent no.3), Union Government of India (original opponent no.4, present respondent no.4), United India Insurance Company Limited (original opponent no.5, present respondent no.5) and has held liable, the opponents nos.1 and 6 (present respondent nos.1 and 6), being the owner of the Goods Carriage Auto-Rickshaw and driver of the Goods Carriage Auto-Rickshaw bearing registration no. GJ-10-U-6301, to pay the compensation under the said common judgment and award.

(3.) The accident in question had occurred on 11/4/2001. It appears that the injured claimants were traveling in Goods Carriage Auto Rickshaw (hereinafter, 'the Rickshaw') bearing registration no. GJ-10-U-6301 from Village Dharampur towards the Village Adityana. An unmanned railway crossing falls on the said way near Village Dharampur and when the said vehicle was passing through the said unmanned railway crossing, at 17:00 hrs., there was a collision between the said Rickshaw and a Railway Engine No.16789. Hence, the aforesaid claim petitions.