SENIOR DIVISIONAL CONTROLLER, NWKRTC Vs. KEYUR

JUDGEMENT

(1.) All these appeals are arising out of the judgments and orders dated 05th May, 2012 passed by the learned Member, Motor Accident Claims Tribunal-3, Nagpur in MACP Case Nos.1149 of 2005; 1150 of 2005; and 1156 of 2005 respectively filed by the family members (claimants/injured) for compensation in respect of their injuries sustained in the same accident. Hence, the present appeals are being decided by the common judgment.

(2.) All three injured/claimants were proceeding in the bus owned by the appellant. On the day of accident i.e. on 17.05.2004, all the injured/claimants were coming from Belgaum and proceeding towards Saundatti (Karnataka) in NWKRTC (North West Karnataka Road Transport Corporation) bus bearing No. KA-22/F-797 (appellant's bus) and when the said bus reached near village Aravalli, that time bus bearing No. KA-25/A-1732 came from opposite direction rashly and negligently in excessive speed and gave heavy dash to the bus of appellant i.e. bus No. KA-22/F-797 resulting into all the claimants/injured (family members) sustained grievous injuries. Other passengers also sustained injuries and four passengers were succumbed to the injuries in the said accident. Some passengers were from Maharashtra and some passengers were from Karnataka.

(3.) The Claim Petitions were filed in the Court of Motor Accident Claims Tribunal at Nagpur, because all the claimants (related to each other) are the residents of Nagpur. Some of the injured/legal heirs of the deceased had also filed claim petitions in the State of Karnataka.