ORIENTAL INSURANCE COMPANY LTD Vs. PHULSINGH

JUDGEMENT

(1.) This order will also govern the disposal of C. R. No. 257/06, C. R. No. 258/06, C. R. No. 259/06, C.R. No. 264/06, C.R. No. 265/06, C.R. No. 266/06 and C.R. No. 267/06 and also Misc. Appeal No. 3305/06, Misc. Appeal No. 3306/06, Misc. Appeal No. 3308/06, Misc. Appeal No. 3309/06, Misc. Appeal No. 3310/06 and Misc. Appeal No. 3344/06. All the Claim Petitions are against the common award and they involved the same issue.

(2.) These revision petitions under section 115 of the Civil Procedure Code and Misc. Appeals under section 173 of the Motor Vehicles Act have been filed by the Insurance Company against the award dated 14th August, 2006 passed by the Motor Accident Claims Tribunal (Fast Track) Khargone.

(3.) For the sake of convenience, the facts of Civil Revision No. 260/06, arising out of Claim Case No. 130 of 2006 are mentioned. The brief facts are that the respondent No. 1 claimant was travelling in dumper bearing Registration No. M.H. 12-F-8612 as a labourer on 29-5-2005, when due to rash and negligent driving of respondent No. 2 Sitaram, the dumper turned turtle and the respondent No. 1 received injury. The other labourers travelling in the dumper also received injuries in the accident and some of the Labourers succumbed to the injuries.