ARUN Vs. BALVINDER SINGH

JUDGEMENT

(1.) BOTH these Misc. Appeals are proposed to be decided by common judgment as they arise out of the same accident in separate Award dated 5.11.1999 in Claim Case Nos. 1/1997 and 2/1997 passed by Motor Accident Claims Tribunal, Khachrod (Ujjain).

(2.) ACCIDENT took place on 2nd July, 1996 at 3.00 p.m. on Padlyakala Nagda Mahidpur road near Mahidpur barriers, Police Station Nagda (Ujjain) when matador bearing registration No. MP 13-E/0484, collided with scooter owned by respondent No. 4 Rajendra Kumar Sharma insured with respondent No. 5 United India Insurance Company Ltd. The Matador was insured with respondent No. 3 National Insurance Company Ltd. In this accident, Bhawani Singh (20) died while Arun s/o Mahavir Prasad Sharma, suffered injuries. The allegation is that the accident took place due to rash and negligent driving of the Matador, otherwise it would not have happened.

(3.) THERE is no dispute about taking place of the accident, on the basis of evidence recorded in the case, offending vehicle being matador No. MP/13-E/ 0484 owned by Balbinder Singh, respondent No. 1, insured with National Insurance Company Ltd. After coming this conclusion, we consider the question whether just compensation has been awarded to claimants in these cases. For doing so, we discuss the cases individually one after other: