BITTIS Vs. ABDUL FAROOQ

JUDGEMENT

(1.) Heard Sri R.K. Porwal, learned counsel for the appellants for the appeals and Sri Nripendra Misra, learned counsel for the respondents in both the appeals.

(2.) Both these appeals, at the behest of the claimants, challenges the judgment and award dated 30.09.2003 passed by Motor Accident Claims Tribunal/Special Judge (E.C.) Act, Etawah (hereinafter referred to as 'Tribunal') in M.A.C.P. No. 45 of 2000 and M.A.C.P. No.44 of 2000.

(3.) Brief facts of the litigation are that on 28.11.1999 at about 05 p.m. on Mathura Agra road near village Mahuaa the deceased was plying his scooter bearing No. D.L. 8 C 3277 and Prem Singh and his minor son were going at that time a Tata Sumo Bearing No. M.P. 7 H 4155 coming from Agra driven rashly and negligently drag with the scooter. Jagmohan and his son met with serious injuries and during the treatment they summoned to the death. F.I.R. was lodged charge sheet was led against the driver of Tata Sumo. The owner of the driver of Tara sumo did not appear and qua them the litigation proceeded ex-parte. The insurance company took its defence contending that on the scooter there were three persons plying the scooter. The vehicle though was insured with them there was breach of policy condition.