BAGHELKHAND FILLING STATION Vs. BRIJBHAN PRASAD

JUDGEMENT

(1.) This order shall govern the disposal of M.A. Nos. 1556, 1557, 1558, 1559, 1560, 1561 and 1562 of 2004.

(2.) This and the connected appeals are being heard analogously as all of them arise out of the common award passed by the Second Additional Motor Accidents Claims Tribunal, Rewa in motor vehicle cases decided on 24.2.2004.

(3.) All the aforesaid appeals have been preferred by the owners of tanker No. MP 17-C-0103, which had met with an accident with jeep bearing registration No. MP 19-A 8155 on 16.4.1999 at about 9 p.m. In the said accident five persons had died and three had sustained bodily injuries. One of the deceased also happened to be driver of the jeep. Shyam Sunder Rajak, respondent No. 3, was driver of the tanker. Manoj Kumar, respondent No. 4, was owner of the jeep and tanker was insured with Oriental Insurance Co. Ltd., respondent No. 5, whereas jeep was insured with United India Insurance Co. Ltd., respondent No. 6. Since five deaths had occurred on account of the aforesaid accident between the two vehicles and three had sustained injuries, the legal representatives of the deceased and the injured, all had filed separate claim petitions. All of them were heard together and were disposed of by a common award. The learned Tribunal had allowed all the claim petitions and held that it was the tanker which was being driven rashly and negligently by its driver, Shyam Sunder Rajak, respondent No. 3. The said tanker admittedly belonged to the appellants and was insured with Oriental Insurance Co. Ltd., respondent No. 5. Tribunal also came to the conclusion that on the relevant date, driver was not holding proper and valid driving licence to drive the tanker. Therefore, no liability for payment of compensation has been fastened on the insurance company, instead it is the appellants who have been held liable to pay the amount of compensation. Appellants being the owner of the tanker, on whom liability has been fastened to pay amount of compensation, are before us challenging the said award on various grounds.