NATIONAL INSURANCE CO LTD Vs. MAHENDRA KUMAR JAIN

JUDGEMENT

(1.) Misc. Appeal Nos. 400, by the insurance company and Misc. Ap- 401, 402, 403 and 404 of 1996 are filed peal Nos. 426 of 1996 and 35 of 1997 are filed by the claimants for enhancement of compensation. In Misc. Appeal No. 402 of 1996 cross-objection for enhancement of compensation is filed by the claimants. Since all the appeals arise out of common award, therefore, these appeals are disposed of by a common judgment. Misc. Appeal Nos. 400, 401, 402, 403 and 404 of 1996:

(2.) In these appeals, insurance company has submitted that this is a case of composite negligence, therefore, the owner, driver and insurance company of bus in which the claimants were travelling were necessary party to the petition and there should be apportionment of compensation between the owner, driver and insurance company of both the vehicles. In Misc. Appeal No. 403 of 1996 insurance company has also impleaded owner of the bus as well as truck.

(3.) Facts of the case are that on 12.6.1993 claimants were travelling in a bus bearing registration No. URB 7882 to attend the marriage of the son of Satyendra Singh Chouhan. Bus was hired for transporting marriage party from Chachoda to Mehgaon. A truck bearing registration No. MP 07-B 7778 was driven in a rash and negligent manner and dashed against the bus on the driver side, which resulted in the death of Surendra Singh Bhadoriya, Kallu alias Kalyansingh and Gajanand and Dr. Mahendra Singh Chouhan and Mahendra Jain were injured. Drivers of both the vehicles died in the accident.