JAKKAM RUKUMBAI Vs. M. NARSAIAH AND ORS.

JUDGEMENT

(1.) All these appeals are preferred challenging the orders, dated 20 -12 -2004, passed in O.P. Nos. 60, 62 and 59 of 2003, respectively, which claims arise out of one and the same accident, as such, they are being disposed of by this common judgment. The Tribunal dismissed all the O.Ps by the orders impugned. Aggrieved of the same, the respective petitioners (claimants), who are the injured, preferred respective appeals. Respondent Nos. 1 and 2 herein, who are owner and insurer, respectively, of the lorry bearing No. APJ -3133 that involved in the accident, are respondent Nos. 1 and 2, respectively, in the each O.P. before the Tribunal.

(2.) For the sake of convenience, the parties are hereinafter referred to as arrayed in the O.Ps. before the Tribunal.

(3.) The facts, in brief, are that on 09 -05 -2002 at 10 -30 a.m., while the respective petitioners along with agricultural produce were travelling in a lorry bearing No. APJ -3133 from Bodepalli village to Nizamabad Gunj, on the way at Chepur Village, since driver of the lorry drove it at high speed in a rash and negligent manner and lost control over the lorry, it turned upside down resulting injuries to the petitioners. According to the petitioners, they were shifted to Government Hospital, Nizamabad initially, and thereafter, they were shifted to a hospital at Nizamabad, run by Dr. T. Narsing Rao, Orthopedic Surgeon, and spent amounts towards treatment and therefore, each petitioner laid the claim separately for Rs. 2,00,000/ - against respondents Nos. 1 and 2, who are owner and insurer, respectively, of the lorry involved in the accident.