LAWS(ALL)-2022-11-129

PHOOLKALI YADAV Vs. BHARAT TRADING COMPANY

Decided On November 30, 2022
Phoolkali Yadav Appellant
V/S
BHARAT TRADING COMPANY Respondents

JUDGEMENT

(1.) Since, all the aforesaid appeals arise out of the same accident and involve common issues, therefore, they are being decided by this common judgement.

(2.) Heard Sri Manu Saxena, learned counsel for the owner of Truck No.UGR 829, Sri Nagendra Kumar Srivastava, learned counsel for the Oriental Insurance Company, and Sri Ram Singh and Sri Amit Kumar Sinha, learned counsel for the claimant Kallu.

(3.) The FAFO Nos.2112 of 2003, 132 of 2021, 365 of 2008 & 384 of 2008 have been preferred by appellant M/s. Bharat Trading Company, Kanpur, owner of Truck No.UGR 829 challenging the award dtd. 3/6/2003,17/7/2012, 12/11/2007 respectively passed by the respective concerned Motor Accident Claims Tribunal (hereinafter referred to as 'Tribunal'), whereby the Tribunal has held the negligence of the driver of Truck No.UGR 829 and further held that the truck at the time of the accident was not insured and accordingly, the Tribunal has fastened the liability upon the owner appellant to pay compensation to the extent of negligence of the driver of Truck No.UGR 829.