HIRABAI CHINDHA THAKUR Vs. ABDUL QADAR REHAMATULLA UMARANI

JUDGEMENT

(1.) All these appeals have been filed challenging the order passed below Exhibit 05 in Motor Accident Claim Petition No.126 of 2018, 128 of 2018 and 127 of 2018 respectively. The said application Exhibit 05 was filed for getting compensation under Section 140 of the Motor Vehicles Act, 1988. All the claim petitions are arising out of same accident, therefore, the story in respect of the accident is same.

(2.) The petitioners had come with a case that, all the deceased persons in respect of whom the compensation has been claimed were travelling in truck bearing MH-18/ M-2382 on 09-12-2017. It is stated that, all of them were travelling from the cabin of the driver of the truck. They were proceeding towards Surat. Around 06.00 a.m. on 10-12-2017, the driver of the truck lost his control over the truck and the said truck turned turtle on a road divider. As a result of which these three persons expired. The accident was reported to police. The said truck was owned by the respondent No.1 and respondent No.2 is the Insurance Company with whom the truck was duly insured on the date of the accident. Hence, all the claimants claimed compensation under 'No Fault Liability' from both the respondents jointly and severally.

(3.) The matter has proceeded ex-parte against respondent No.1.