HAKKA Vs. PAPPU

JUDGEMENT

(1.) The present appeal (M.A. No. 1555 of 2010) has been preferred by the claimant being aggrieved by the award dated 29.1.2010, passed by the Motor Accidents Claims Tribunal, Jhabua in Claim Case No. 10 of 2008 (Hakka v. Pappu).

(2.) The other cases arising out of the same road accident, which took place on 11.11.2007, are also being disposed of by this common order.

(3.) The undisputed facts of the accident are that a motor vehicle (JeeP) carrying certain persons, bearing registration No. MP 10-A 1245, was going from Hat Bazar at Jhabua to their respective place of residence and the jeep met with an accident on account of rash and negligent driving of the driver. About 7 persons sitting in the jeep sustained injuries and 7 claim cases were preferred by the injured persons. The Claims Tribunal has passed 7 awards by passing a common order dated 29.1.2010 and in all 7 cases compensation has been granted for injuries suffered by the passengers. The award also reflects that there was a breach of the insurance policy and the statements recorded during trial also reflect that the jeep was being used as a transport vehicle by the driver and owner and, therefore, the Tribunal has exonerated the insurance company.