KUNWARIYA BAI Vs. MOHAN LAL

JUDGEMENT

(1.) This group of 12 appeals (M.A. No. 156 of 1999: Kunwariya Bai v. Mohan Lai; M.A. No. 168 of 1999: Jugan Bai v. Mohan Lal; M.A. No. 169 of 1999: Mehtaruram Sahu v. Mohan Lal; M.A. No. 170 of 1999: Brij Bai v. Mohan Lal; M.A. No. 182 of 1999: Gwaldas Sahu v. Mohan Lal; M.A. No. 183 of 1999: Rukmani Bai v. Mohan Lal; M.A. No. 207 of 1999: Noharlal v. Mohan Lal; M.A. No. 208 of 1999: Ratanlal Devangan v. Mohan Lai; M.A. No. 209 of 1999: Deen Dayal Yadav v. Mohan Lal; M.A. No. 210 of 1999: Sukhram Sahu v. Mohan Lal; M.A. No. 220 of 1999: Biravan Bai v. Mohan Lai; and M.A. No. 237 of 1999: Manrakhan v. Mohan Lal) is proposed to be decided by this common order, since all of them arise out of the same accident.

(2.) The claimants and some other persons had gone to Abhanpur to take part in the martyr day rally in Matador with registration No. MP 24-C-0267. After function, all the claimants went to Mothipar. The respondent No. 1, Mohan Lai, was driving the vehicle rashly and negligently with the result Matador hit the truck with registration No. C - 1 1/8052 from behind at a high speed. The impact was so severe that the Matador struck with the truck in such a way that it was carried to some distance by the truck. The accident resulted in death of Jamunabai, Mehtaruram while 11 persons sustained personal injuries. Consequently, claim petitions were filed before the Motor Accidents Claims Tribunal, Raipur (for brevity 'M.A.C.T.').

(3.) The allegation is that the vehicle Matador was being driven rashly and negligently by the driver Mohan Lal, which resulted in accident. It was insured with Oriental Insurance Co. Ltd. The respondents resisted the claim and denied that the accident was result of rash and negligent driving. It was also stated that the driver did not possess valid driving licence and that it was a goods carriage with permission to carry one driver and four coolies, while 30 persons were travelling in this vehicle at the relevant time. However, the insurance company has admitted that the Matador hit the truck from behind and it got tagged with the truck and it was carried to some distance resulting in loss to Matador and injuries to the persons.