NILESH KUMAR Vs. BAPULAL

JUDGEMENT

(1.) THIS order shall also govern the disposal of M. A. Nos. 387, 652, 692, 739, 740 and 741 of 2003.

(2.) SHORT facts of the case are that on 15. 4. 1998, the offending truck bearing registration no. MP 04-K 2938 met with an accident. Undisputedly, the offending truck was insured as goods vehicle with respondent no. 8, driven by respondent No. 7 and owned by the appellant on the relevant date. On account of the accident three persons, namely, Champalal, Raisingh and prabhulal died on the spot and a number of persons were injured. On account of accident, number of claim cases were filed. Two Claim Case Nos. 90 and 92 of 1998 were dismissed on account of no evidence. Case against the respondent No. 7 who was the driver, proceeded ex pane. The claim cases were contested by the appellant and the respondent No. 8 who are owner and insurance company respectively. In all the claim cases insurance company has been exonerated holding that respondent No. 8 is not liable for payment of compensation as the offending vehicle was insured for carrying the goods and respondent No. 7 and appellant has been held liable being the driver and owner. The details of claim cases in which appeals have been filed along with its corresponding appeal numbers and the amount awarded by Claims Tribunal are as under: <FRM>JUDGEMENT_331_ACJ_2008Html1.htm</FRM>

(3.) IN Claim Case No. 113 of 1998 which was filed on account of death of Champalal, a sum of Rs. 2,29,000 has been awarded along with interest at the rate of 9 per cent per annum, against which M. A. No. 387 of 2003 has been filed by the claimants who are represented by Mr. S. B. Shrungarpure and M. A. No. 692 of 2003 has been filed by the owner of the vehicle. Similarly, in Claim Case No. 114 of 1998 wherein a sum of Rs. 40,000 has been awarded to the claimant Bhaironsingh, an appeal has been filed by the claimant which has been numbered as m. A. No. 652 of 2003 and appeal filed by the owner has been numbered as m. A. No. 741 of 2003. Claimant Bhaironsingh is represented by Mr. M. R. Sheikh.