NATIONAL INSURANCE CO LTD Vs. KANS RAM

JUDGEMENT

(1.) We propose to dispose of this group of six cases by common judgment since they arise out of the same accident and common award of the Motor Accidents Claims Tribunal, Bilaspur dated 30.10.1996. Cross-objections filed by the claimants in these appeals shall also stand disposed of by this common judgment.

(2.) Truck bearing the registration No. CPA 3929 carrying boulders turned turtle near Pipartaraj on Kota-Bilaspur Road on 18.1.89 at 1.30 p.m. resulting in the death of Preetam, Arjun and Tijau Ram, permanent disablement of Kans Ram, Prahlad and Kunj Bihari, and injuries to Kartik Ram, Manohar and Sudama Ram. All these occupants in the truck were labourers. Gan-pat Ram was driver of the truck while Sant Ram was registered owner thereof. The truck was insured with National Insurance Co. Ltd. between 9.1.1989 and 8.1.1990. Insurance policy existed in favour of Hiren and Company, being the registered owner thereof on the date of accident.

(3.) v Legal heirs of Preetam, Arjun and Tijau Ram filed Claim Petition Nos. 21, 23 and 25 of 1996 alleging rash and negligent driving of the truck by the driver. Similar is the grievance of Kans Ram, Kunj Bihari and Prahald claiming compensation for permanent disablement and of Kartik Ram, Manohar and Sudama Ram claiming compensation for personal injuries sustained by them in this accident.