ORIENTAL INSURANCE CO LTD Vs. GINDABAI

JUDGEMENT

(1.) All these five appeals are proposed to be decided by this order since they arise out of the same accident and award of Motor Accidents Claims Tribunal, Jabalpur, dated 6.11.1997.

(2.) Truck bearing registration No. CIQ 1176 met with an accident on 30.4.1992, at 4 a.m. near Nigri culvert on National Highway No. 7, within the jurisdiction of Police Station, Bargi, Distt. Jabalpur. This vehicle was owned by R.N. Tandon and driven by Israil at the relevant time. It was insured with the appellant, Oriental Insurance Co. Ltd. The deceased were sitting in this vehicle at the relevant time, since the tractor which was boarded by them initially, went out of order. As a result of this accident, all occupants of the truck died. Therefore, claim petitions have been filed by the legal representatives claiming compensation from the owner, driver and the insurance company. It is alleged that the vehicle was being driven rashly and negligently resulting in the accident.

(3.) The defence taken is that the deceased were not labourers, but baratis. It is also stated that income being earned by the deceased has been exaggerated and the owner and the driver committed breach of the policy; the driver also did not possess valid driving licence at the time of accident.