JAGANNATH VISHNU KORE Vs. KAMALABAI MARUTI KUMBHAR

JUDGEMENT

(1.) Heard the learned counsel appearing for the appellant. I have also heard the learned counsel for respondent No. 5 as well as respondent No. 4. These three appeals can be conveniently disposed of by a common judgment as the same arise out of a common judgment delivered by the learned Member of the Motor Accidents Claims Tribunal, Sangli in three claim petitions filed under section 110-A of the Motor Vehicles Act, 1939.

(2.) The present appeal is preferred by the original opponent No. 1 in a claim petition who is the owner of the truck bearing registration No. MXL 5543. Respondent Nos. 1 to 3 in First Appeal No. 181 of 1991 are the original claimants. The respondent Nos. 1 and 2 in First Appeal No. 182 of 1991 are the original claimants and respondent Nos. 1 and 2 in First Appeal No. 184 of 1991 are the original claimants. The other parties of the appeals are the driver of the truck and New India Assurance Co. Ltd. The truck was allegedly insured with the said insurance company.

(3.) The accident occurred on 27.7.1983 at about 10 p.m. 10 to 15 persons boarded the truck of the appellant. According to the claimants, the driver of the truck was driving the truck in a rash and negligent manner. According to the claimants, the driver could not control the truck and, therefore, the truck left the road and fell on the land by the side of the road. The truck turned turtle. Three persons died in the accident and other persons in the truck were injured. Claim Petition No. 120 of 1984 was filed by respondent Nos. 1 to 3 in First Appeal No. 181 of 1991. The said claim petition was filed by the mother, widow and the brother of the deceased Tukaram Maruti Kumbhar who was sitting in the truck at the relevant time and died in the accident. Claim Petition No. 65 of 1984 was filed by the respondent Nos. 1 and 2 in First Appeal No. 182 of 1991. The claimants are the mother and brother of the deceased Sambhaji Jadhav who died in the accident. Claim Petition No. 46 of 1984 was filed by the respondent Nos. 1 and 2 in First Appeal No. 184 of 1991. The claimants in the said claim petition are the mother and brother of the deceased Baburao Patil who died in the accident.