NIDHI DIXIT Vs. ASHISH KUMAR DUBEY

JUDGEMENT

(1.) This common order shall govern the disposal of aforesaid four appeals which arise out of the same accident.

(2.) These appeals have been filed under Sec. 173 of Motor Vehicles Act against Award dtd. 30/6/2016 passed by XI Additional Motor Accident Claims Tribunal, Gwalior (M.P.) in Claim Case Nos.33/2016 (in respect of deceased T.N. Dixit) and 162/2016 (in respect of deceased Gajendra Dixit). M.A. No.942/2017 has been filed by the legal representatives of deceased T.N. Dixit, while M.A. No.1052/2016 has been filed by the legal representatives of deceased Gajendra Dixit for enhancement of compensation. M.A. No.1109/2016 & M.A. No.1110/2016 have been filed by New India Assurance Company Ltd. against the finding that driver of the car in which deceased persons were sitting, was equally negligent.

(3.) Facts necessary for disposal of present appeals, in short, are that on 22/5/2013 at about 11:30 pm deceased persons, namely, T.N. Dixit and Gajendra Dixit were going in a Maruti Swift Car bearing Registration No.MP07-CA-2469 which was being driven by Shivaji Rao Dixit. It is alleged that as soon as the car crossed the triangle of village Ainthar, he dashed the car against tractor-trolley bearing registration No.MP30-M-7085 from behind, as a result, T.N. Dixit and Gajendra Dixit died on the spot. It is alleged that Shivaji Rao Dixit was also driving the car in a rash and negligent manner and the tractor-trolley was parked without any hazard light or indication.