MEERA HURMADE Vs. SHRI RAM

JUDGEMENT

(1.) These three appeals (M.A. Nos. 1591, 2424 and 2425 of 2004) have been preferred against common award dated 22.3.2004 passed by Third Additional Motor Accidents Claims Tribunal (Fast Track Court), Betul in M.V.C. Nos. 38, 39 and 40 of 2003.

(2.) The owner has preferred these appeals as insurer has been exonerated from making payment of compensation amount awarded in accident dated 26.3.2003 when claimants were returning from Bhopal to Betul in jeep bearing registration No. MP 23-D 5879. The respondent Santosh drove the jeep in a rash and negligent manner and the jeep turned turtle, owing to which the claimants suffered injuries. They were treated in the hospital. Claims petitions were preferred by claimants in the Claims Tribunal.

(3.) The owner Meera and driver Santosh in their reply contended that the driver possessed valid and effective driving licence. Owner has instructed driver not to carry the passengers. Vehicle was insured with New India Assurance Co. Ltd. hence insurer is liable, if any death or injury were caused in accident.