HEMLATABEN NARENDRABHAI SONI Vs. YADUGIRI NARSING

JUDGEMENT

(1.) Heard learned advocates for the respective parties. Perused the record.

(2.) The appellants are original claimants in M.A.C.P. No.594 of 2000 before Motor Accident Claims Tribunal, Vadodara. Such tribunal has by consolidated judgment and award in all cases arising out of the same accident awarded an amount of Rs.3,00,000/- to the present claimant for accidental death of Narendrabhai Ratilal Soni. Though two vehicles are involved in the accident and deceased Narendrabhai Ratilal Soni was driving one of the vehicle, when Tribunal has held that he was not negligent at all and driver of other vehicle was negligent for accident and more particularly, when driver, owner and insurer of such other vehicle has not challenged such part of award or even award of quantum of compensation awarded to the claimants, it becomes clear that driver, owner and insurer of such Tanker no.GJ-1 V-3199 being respondents no.1, 2 and 3 herein are liable to pay compensation to the claimants, as per the award. Respondents no.4 and 5 are respectively owner and insurer of vehicle which was driving by deceased victim.

(3.) In view of above position, though factual details are not require to be reproduced herein because it is well described in impugned judgment and pleadings, and more particularly, when there is no dispute regarding incident and its result so also liability of insurance company, the basic facts may be recollected as under:-