SANTHOSE SINGH Vs. UNITED INDIA INSURANCE CO LTD

JUDGEMENT

(1.) THIS judgment shall govern the disposal of all the aforesaid appeals as they arise out of common accident. Misc. Appeal No. 161 of 2005 shall be the leading case.

(2.) CLAIMANTS in all the appeals have preferred these appeals being aggrieved by the awards dated 5. 11. 2004 passed by the additional Member Judge, Motor Accidents claims Tribunal, Gohad, District bhind in claim cases filed by the present claimants. Claims Tribunal while awarding compensation has exonerated the respondent insurance company from payment of its liability.

(3.) BRIEF facts of the case are that the deceased and injured were travelling in a maruti car bearing registration No. UP 84-A 8996. They were sitting in the said car as passengers. Said car was driven by one ramu who also died in the same accident. The car was driven rashly and negligently by the driver which dashed against a tree and caught fire. The claimants have filed claim petitions before the Claims Tribunal. The Claims Tribunal held that the car was driven rashly and negligently by the driver and the accident has taken place due to rash and negligent driving.