MUNNALAL HALWAI Vs. LALLAN TIWARI

JUDGEMENT

(1.) THESE appeals have been preferred by the claimants calling in question award dated 17-12-03 passed in Claim Case Nos. 50/02 and 51/02 by 1st Motor accidents Claims Tribunal, Rewa.

(2.) BOTH the cases arise out of same accident. Shilpi and Laxmi, both aged about 17 years, were travelling as pillion rider on Suzuki Motorcycle, driven by Ramesh Halwai, it met with an accident with a Truck (UP 63-B/9205), driven by Lallan Tiwari, owned by Shri Ram Yadav and insured with New India assurance Co. Ltd. Ramesh Halwai, Shilpi and Laxmi died owing to the injuries sustained in the accident. Claim petitions were preferred by parents of Laxmi and mother of Shilpi. It was claimed by them that negligence was on part of lallan Tiwari.

(3.) THE owner and driver of the truck in their reply contended that ramesh Halwai was not able to control the motorcycle, he was negligent, Lallan tiwari was not negligent at all as such they were not liable. Vehicle was insured, lallan Tiwari was holding valid and effective driving licence.