LAWS(GJH)-1998-11-49

UNITED INDIA INSURANCE COMPANY LIMITED Vs. MOHANLAL NANDIRAM

Decided On November 10, 1998
UNITED INDIA INSURANCE COMOANY LIMITED Appellant
V/S
MOHANLAL NANDIRAM Respondents

JUDGEMENT

(1.) (Per B.C.Patel, J) United India Insurance Co. Ltd. (hereinafter referred to as Insurance Company) being aggrieved by a decision of learned Single Judge dated 28.12.83 in F.A.Nos.1317/79 to 1322/79 and F.A.No.308/80 allowing the appeals partly, holding Insurance Company, respondent No.3 in appeals, the appellant i.e. original opponent No.2 and the driver, original opponent No.1 (before the Tribunal) jointly and severally responsible for the amount awarded by the Motor Accident Claim Tribunal at Rajkot in MACP Nos.163/77, 166/77, 177/77 to 180/77 and 51/79 dated 30.6.79, has preferred these appeals.

(2.) The claim petitions were filed before the Motor Accident Claim Tribunal arising out of a common cause and therefore instead of referring different petitions it will be just and proper to narrate the facts, which emerge from the record of one of the applications. On 15.5.77 at about 9:30 a.m. the original claimants travelling in a truck No.GTA - 1648, contended in the applications that on account of rash and negligent driving of the driver of the vehicle in question, the truck turtled and fell in a ditch, as a result of which the applicants sustained injuries for which they were treated at Civil Hospital, Junagadh. For the damages claim petitions were submitted before the Motor Accident Claims Tribunal, Rajkot.

(3.) At the initial stage only the driver of the vehicle was a party respondent. The claimants did not join the owner of the vehicle or the Insurance Company at the initial stage. However, the Tribunal vide order dated 1.12.78, permitted the claimants to join respondent No.2 in his individual capacity and as the owner of the vehicle. Thus vide Ex.9 Mohanlal Nandiram original opponent No.2 - the appellant in all the appeals before the learned Single Judge was permitted to be joined not as an heir of deceased Nandiram Parumal but in his individual capacity and application Ex.8 to join Nandiram Parumal came to be rejected by a common order dated 1.12.78. Nandiram expired on 1.4.1977. The accident occurred on 15.5.1977.