RISHI KUMAR Vs. DEVCHAND

JUDGEMENT

(1.) THIS Order shall also govern the disposal of MA Nos. 291/2006, 292/2006' and 559/ 2006 as in all the appeals award under challenge is dated 29/10/2005 passed by MACT, Bioara. Full particulars of each of the case are mentioned hereinbelow:-

(2.) SHORT facts of the case are that appellants in all the appeals filed a claim petition alleging that in the intervening night of 15/16 of February, 2002 Ashok Verma, Kaushalyabai, Shivprasad and Sanjay were travelling in a Maruti Car bearing registration No.MP-04/J 1507 from Bioara to Narsinghgarh and said vehicle was being driven by respon- dent No. 1 rashly and negligently with the result met with an accident with a truck bearing registration No.MBD/7540 in which all the four persons died. It was alleged that at the time of accident offending Maruti Car was owned by respondent No.2 and insured with respondent No.3. It was further alleged truck bearing registration No.MBD/7540 was owned by respondent No.5 and respondents No.4 and 6 were drivers on the offending truck. It was alleged that claim petition filed by the appellant be allowed and the compensation be awarded. The claim petition was contested by the respondents by filing a separate written statement wherein the liability was denied. It was prayed that claim petition be dismissed. After framing of issues and recording of evidence learned tribunal allowed the claim petition and awarded the compen- sation as stated above, however, it was only respondents No. 4 and 6 who were held liable for payment of compensation and claim petition against respondents No.1 to 3 was dismissed against which the present appeals has been filed.

(3.) LEARNED counsel for the respondent No.3 submits that in the claim case it was found that accident occurred because negligence of truck driver i.e. respondent No.4. It is submitted that Vijay Bhilala who was also a passenger in the said Car stated that because of negligence on the part of respondent No.4 accident occurred. It is submitted that in the facts and circumstances of the case learned tribunal committed no error in exonerating the respondents No.1 to 3. It is submitted that appeal filed by the appellant has no merits and the same be dismissed.