SORAM BAI Vs. PAWAN YADAV

JUDGEMENT

(1.) These appeals have been filed by the claimant and insurer aggrieved by an award dated 5.7.2005 passed by Motor Accidents Claims Tribunal, Astha, District Sihore in Claim Case Nos. 99 and 98 of 2004.

(2.) CLAIMANTS Soram Bai and Amarsingh were travelling in Matador No. MP 13 -E 0826 along with their vegetables. They were going to the market to sell their vegetables. Matador was driven by Raees Khan on its side. Truck No. GTS 7843 driven by Pawan Yadav dashed Matador from driver side. Soram Bai and Amarsingh sustained injuries. They were taken to the hospital at Astha. A report against the driver of truck was lodged. Matador was owned by Raees Khan and insured with United India Insurance Co. Ltd. whereas truck was owned by Kirit Kumar Premji Bhai Patel and insured with New India Assurance Co. Ltd.

(3.) OWNER and driver of the truck in their written statement contended that accident was outcome of negligence of driver of Matador. Number of persons carried in Matador were more than the capacity, thus, driver of the truck was not negligent, as such claim application against them be dismissed.