K. P. NAYER Vs. PATAMBERDAS DAWANI

JUDGEMENT

(1.) THIS appeal shall also govern disposal of MA No.3032/2008 and also MA No.1943/2008 as all the appeals are arising out of one accident. In the present appeal deceased is Pradeep Nair. In MA No.3032/2008 deceased is K.Sudhakaran. In both the appeals, claim petitions have been allowed in part and the compensation has been awarded. However, respondent No.5 / Insurance Company has been exonerated. In MA No.1943/2008 deceased is Tommy. Claim petition filed by legal representatives of deceased has been allowed holding the Insurance Company liable for payment of compensation, therefore, Insurance Company has filed this appeal.

(2.) SHORT facts of the case are that deceased persons were travelling in a Tata Sumo bearing registration No. MP / 04 - T / 6044. Tata Sumo was being driven by respondent No.5 Shavab Khan who has been impleaded as respondent in MA No.3032/2008 and also in MA No.1943/2008. The offending vehicle was owned by respondent No.4 and insured with respondent No.5. In the claim petition it was alleged that said Tata Sumo met with an accident with a bus bearing registration No.MP / 04 - F - 0032 driven by Vishnudas respondent No.2 rashly and negligently, owned by respondent No.1 and insured with respondent No.3. It was alleged Tata Sumo was carrying 9 passengers, out of which five persons were expired. It was alleged that since the accident occurred because of rash and negligent driving of the driver of the bus. Therefore, it was prayed that claim petition be allowed and appropriate compensation be awarded on account of death. Claim petition was contested by respondent No.5 / Insurance Company on various grounds. After framing of issues and recording of evidence, learned tribunal allowed all the three claim petitions but exonerated respondent No.5 in MA No.3858/2008 and MA No.3032/2008. However, in MA No.1943/2008 it was held that Insurance Company is liable for the payment of compensation along with others.

(3.) IN MA No.3032/2008 award is dated 13.03.2008 passed by 12th MACT Indore in Claim Case No 38/2004, whereby claim petition was allowed and a compensation of Rs.6,48,500/- was awarded to the appellants on account of death of Sudhakaran.