BHANUMAL WADHWANI Vs. RAJENDRA SINGH

JUDGEMENT

(1.) These four appeals, M.A. No. 18 of 1994 (Bhanumal Wadhwani v. Rajendra Singh); M.A. No. 20 of 1994 (Bhanumal Wadhwani v. Rajendra Singh); M.A. No. 21 of 1994 (Vipin Wadhwani v. Rajendra Singh) and M.A. No. 19 of 1994 (Yashwant Kumar Singh v. Rajendra Singh); are proposed to be decided by this order since they arise out of same accident and common award of Motor Accidents Claims Tribunal, Sehore, in Claim Case Nos. 40, 43, 42 and 47 of 1989 respectively.

(2.) Before proceeding to consider each claim for determination of compensation it is desirable to make mention of facts of the case.

(3.) Briefly stated, accident took place on 13.10.1989 near village Bhilkhedi, Ashta Sehore Road, when truck No. CIG 7071 driven rashly and negligently by Rajendra Singh, owned by Ram Veer Singh, insured with National Insurance Co. Ltd.; hit a Maruti car No. MOK 9417. As a result of this accident Anoop Wadhwani (son), Ekta Wadhwani (daughter-in-law) and Kamleshwar Singh (driver of Maruti car) died; and Master Vipin Wadhwani suffered injuries since they were occupants of Maruti car, in addition to Master Himanshu Wadhwani.