UNITED INDIA INSURANCE CO. Vs. KHUDBUDDIN AND ORS.

JUDGEMENT

(1.) Heard. Since the issue involved in all these appeals is common, all these appeals are being decided by this common reasoning.

(2.) An accident had happened on 17.4.1995 having involvement of luxury bus bearing registration No.MH20F9991 and a truck bearing registration No.MWE1561. The persons, who were injured in the said accident and the legal heirs of deceased persons, who suffered death in the said accident, filed Motor Accident Claim Petitions before the Motor Accident Claims Tribunal, at Latur (for short, the Tribunal). Two Claim Petitions bearing MACP No.362/1995 and 220/1995 were filed in the year 1995; whereas three claim petitions were filed in the year 1996. MACP No.362/1995 wad decided on 21.2.1998; whereas the other four claim petitions came to be decided on 22.6.2000. MACP No.362/1995 was decided by the then Exofficio Member of the Tribunal viz. Shri V.R.Kingaonkar; whereas MACP Nos.60/1996; 79/1996; 220/1995 and 187/1996 were decided on one and the same day, i.e. 22.6.2000 by the then Exofficio Member of the Tribunal viz. Shri S.K.Raut. In MACP Nos.220/1995 and 187/1996, the learned Member of the Tribunal has written separate judgment whereas MACP Nos.60/1996 and 79/1996, common judgment and award is passed.

(3.) In the aforesaid four Claim Petitions, the learned Tribunal, which has decided the said claim petitions had held the owner, driver and insurer of the luxury bus liable to pay the total amount of compensation to the respective claimants in the said claim petitions and has not saddled any liability upon the owner and insurer of the truck involved in the accident. Whereas, the learned Tribunal, who decided MACP No. 362/1995 has held the drivers of both the vehicles, i.e. luxury bus and the truck responsible for occurrence of the alleged accident and has held the negligence on the part of the drivers of the said respective vehicles in the proportion of 60:40 i.e. 60% of the driver of the luxury bus; whereas 40% of the driver of the truck.