(1.) THIS order shall also dispose of Misc. Appeal Nos. 205 of 1982 The Oriental Fire Co. v. Nasruddin and Ors. 206 of 1982 The Oriental Fire Co. v. Sardar and Ors. 182 of 1982 Nasruddin v. Rameshwar and Ors. 213 of 1982 Parvatibai and Anr. v. Madan and Ors. and 216 of 1982 (Parvatibai and Anr. v. Sardar and Ors.) as all these appeals are directed against the award dated 30-4-1982 passed by the Member, Motor Accidents Claims Tribunal, Dhar in Claim Cases Nos. 2 of 1981, 4 of 1981 and 5 of 1981.
(2.) THE material facts giving rise to these appeals are as follows : Tractor trolly No. C.P.F. 8956 belonged to Parvatibai at the relevant time. It was being driven at the time of the accident by Rameshwar Patidar son of Parvatibai. Kaliya and Sumaria who were labourers engaged by Rameshwar were travelling in the said trolley. The appellant Nasruddin was also travelling in the trolley. In the trolley some bricks were being transported in the trolly. The tractor was proceeding from Naichha towards Mandu. On the way it turned turtle. In the accident Kalia and Sumaria died. Nasruddin sustained injuries in the accident. Madan father of Kalia and Sardar father Sumariya and Nasruddin filed applications under Section 110-A of the Motor Vehicles Act claiming compensation for the deaths of Kalia and Sumariya and for the injuries sustained by Nasruddin. According to the claimants the accident was caused on account of the negligence of the driver in the course of his employment with Parvatibai.
(3.) AGGRIEVED by the award of the Tribunal in claim case No. 4 of 1981 the Insurance Company and the owner Parvatibai preferred appeals which are registered as M.A. Nos. 204 and 213 of 1982, respectively. Aggrieved by the award of the Tribunal in claim case No. 5 of 1981 the Insurance Company and the owner preferred appeals which are registered as M.A. Nos. 206 of 1982 and 216 of 1982. Aggrieved by the award in claim case No. 2 of 1981 the insurance company and the claimant preferred appeals which are registered as M.A. Nos. 205 of 1982 and 182 of 1983, respectively.