NEW INDIA ASSURANCE CO. LTD. Vs. RAMDULARI

JUDGEMENT

(1.) ALL these appeals are hereby decided by this common order.

(2.) THESE misc. appeals have been preferred against the common award passed by 1st Additional Motor Accident Claims Tribunal, Shivpuri in Claim Case Nos. 10/87, 11/87, 12/87 and 13/87, on 30th September, 1993.

(3.) CLAIMANTS -legal representatives of the four persons expired in the accident filed respective claims which were registered separately as per numbers given above. The jeep belonging to fire brigade was insured with the New India Insurance Co. Ltd. The driver of the offending vehicle i.e. Madanlal, M.P.S.R.T.C., Nagar Palika Parisad, Shivpuri and the New India Insurance Co. Ltd. were the opposite parties. The claim was denied by the MPSRTC and its driver on the ground that there was no rashness or negligence on the part of the driver. It was also contended that in the vehicle of firebrigade persons could not travel. It was also contended that it was Dhaniram who himself was rash and negligent and thus Dhaniram was responsible for the accident. The Insurance Company also denied the liability.