UNITED INDIA INSURANCE COMPANY LTD Vs. KM. BITOLA

JUDGEMENT

(1.) THESE are nine appeals filed by the United India Insurance Company Limited against the orders of the Motor Accident Claims Tribunal/ADJ Court No. 2, Barabanki in MACP No. 320/03 (Km. Bitaula and others v. United India Insurance Company Limited and another). MACP No. 299/03 (Smt. Shanti Devi and another v. United India Insurance Company Limited and another), MACP No. 338/03 (Smt. Ram Kali and others v. United India Insurance Company Limited and another), MACP No. 359/03 (Smt. Phulmata and others v. Umited India Insurance Company Limited and another), MACP No. 346/03 (Shardhey and others v. Umited India Insurance Company Limited and another), MACP No. 330/03 (Smt. Ketaki and other v. Umited India Insurance Company Limited and another), MACP No. 406/03 (Smt. Kamla Devi and others v. Umited India Insurance Company Limited and another), MACP No. 337/03 (Dhodhey and others v. Umited India Insurance Company Limited and another), MACP No. 324/03 (Smt. Sukhrani and others v. United India Insurance Company Limited and another) all dated 25.05.2007.

(2.) THE brief facts of the case are that on 01.08.2003 at about 1.00 a.m. in village Bindaura, Bindaura Canal Bridge, near Police Station Masauli, district Barabanki a Truck No. U.P.-32-T/7694 loaded with morang sand turtled reslting serious injuries to Maikoo, Jawahir, Radhey Shyam, Kunware, Pawan Kumar and Nankhoo, who were traveling in the truck as labourers for unloading of morang sand. All the aforesaid six persons were admitted in the hospital, but were subsequently died. The aforesaid claim petitions had been filed by the heirs of the deceased. By the impugned order all the claim petitions have been allowed and compensations have been awarded to the heirs of the deceased.

(3.) HEARD Sri. U.P.S. Kushwaha, learned counsel appearing on behalf of the appellants and Sri. Rajendra Jaiswal, learned counsel appearing on behalf of the respondents/claimants.