LAWS(MPH)-2024-3-88

PARVATI Vs. RAJU YADAV

Decided On March 11, 2024
PARVATI Appellant
V/S
Raju Yadav Respondents

JUDGEMENT

(1.) Since common question of law is involved in aforesaid M.A. Nos. 4567 of 2019, 4714 of 2019 and 4715 of 2019, therefore, they are heard analogously and are decided by this common judgment. For the sake of convenience, facts mentioned in M.A. No. 4567 of 2019 are taken into consideration.

(2.) These appeals have been filed assailing the judgment dtd. 24/7/2019 passed by Seventh Member, Motor Accident Claims Tribunal, Gwalior (M.P.) in Claim Case Nos. 1341 of 2017, 1370 of 2017 and 1369 of 2017. Claim Case No. 1341 of 2017 was filed by appellants/claimants of M.A. No. 4567 of 2019 for grant of compensation on account of death of Gajendra, Claim Case No. 1370 of 2017 was filed by appellants/claimants of M.A. No. 4714 of 2019 for grant of compensation on account of death of Purushottam, and Claim Case No. 1369 of 2017 was filed by appellant/claimant of M.A. No. 4715 of 2019 for grant of compensation on account of injury sustained by her, in a road traffic accident occurred on 21/10/2017 involving offending vehicle bus bearing registration No.MP07-P-0839. At the time of accident, respondent No. 1 - Raju Yadav was the owner and respondent No. 2 - Rammilan was the driver of the offending vehicle and the vehicle was insured with respondent No. 3/insurance company.

(3.) Driver and owner of the offending vehicle filed their written statements and denied the allegations made in the claim petition and further submitted that since the offending vehicle was insured with the insurance company, therefore, insurance company is liable to pay the compensation.