SHIVCHARAN Vs. DHANRAJ GROVER

JUDGEMENT

(1.) These Miscellaneous Appeals have been preferred by the award dated 07.05.2003 passed by the VIII Additional Motor Accidents Claims Tribunal, Jabalpur in Claim Case Nos.126/02, 127/02, 85/02 and 86/02 whereby the claim petitions filed under Section 166 of the Motor Vehicles Act have been rejected.

(2.) The facts of the case in short are that on 22.01.2001 at about 5.30 p.m. Smt. Sunder Bai, Ku.Arti, Janki Bai, Smt. Premwati Bai and Ku.Pooja were going on foot from Narayanpur Tola by the side of the road and at the same time, a Tata Sumo bearing registration No.MP20-T/3047 came in a very excessive speed and also in a rash and negligent manner and dashed to the aforesaid five persons as a result of which, Smt. Sundar Bai and Ku.Arti died whereas Smt. Janki Bai, Smt.Premwati and Ku. Pooja sustained injuries. The respondent No.1 is the owner of the said Tata Sumo and he himself was driving the said vehicle at the time of the accident. The vehicle was insured with United India Insurance Company. The legal heirs of the deceased Smt. Sunder Bai and Ku. Arti filed claim petition bearing Claim Case Nos.126/02 and 127/02 claiming compensation to the tune of Rs.11,70,000/-and 5,50,000/respectively.

(3.) The respondent No.1 filed the written statement denying the occurrence of any accident on account of his rash and negligent driving of the offending vehicle.