ARCHANA Vs. BRIJESH

JUDGEMENT

(1.) In all four First Appeals are offshoots of one and the same accident, but are arising out of distinct claim petitions bearing Nos.247 of 2015 and 248 of 2015, which are at the instance of original claimants, who are heirs of deceased, who died in road traffic accident. In nutshell, two First Appeals bearing no. 2159 of 2019 and 2160 of 20119 (at the instance of claimants; whereas two First Appeal Nos. 2161 of 2019 and 2162 of 2019 ( at the instance of Insurance Company) are hereby taking exception to two different judgments and awards passed by the Motor Accident Claims Tribunal, Latur on account of one accident between truck and jeep dtd. 24/7/2015. Hence, these four appeals are being disposed of by common judgment.

(2.) The accident claim petition bearing No. 247 of 2015 has been filed by the wife and sons of the deceased Vijaykumar, along with his parents. The claim is directed against the driver and owner of the offending truck bearing No. MP-22/H-0220, their insurer (respondent No. 3), as well as the owner of the jeep bearing No. MH-24/V-7638 and its insurer (respondents No. 5 and 6).

(3.) The case set up by the claimants is that, on 24/7/2015, deceased Vijaykumar was travelling in the above-referred jeep to go to his destination at Chakur. When the jeep was in the vicinity of village Algarwadi, Tq. Chakur, a truck bearing No. MP-22/H- 0220, which is allegedly coming from the opposite direction at an excessively high speed and being driven in a rash and negligent manner, came onto the wrong side and collided with the jeep, causing the accident. As a result, Vijaykumar died on the spot, and the other occupants sustained injuries.