NATIONAL INSURANCE CO LTD Vs. HARCHAND AND OTHERS

JUDGEMENT

(1.) This common order shall govern disposal of M.A. Nos.659, 655, 656, 657, 658, 660, 661, 662, 663, 664, 666, 667, 671 of 2006.

(2.) For sake of convenience, facts are picked up from M.A. No.658/2006. These miscellaneous appeals are directed against the common order passed by the learned Additional Motor Accident Claims Tribunal, Jhabua in Claim Case Nos.302/2005 to 328/2005.

(3.) The relevant facts are that the claimants are legal representatives of deceased and also sustained injuries in an accident that took place on 06.05.1996. The respondent No.1 is the owner of dumper truck bearing registration No.MPU-6282 and at the time of accident, the respondent No.2 was driving the vehicle. The truck was covered by an insurance policy issued by respondent No.3. The said dumper was used for transporting black metal from crusher belonging to the contractor to the site, where the construction work was going on. The same dumper carried labourers in the morning, and thereafter, it was used for transporting the black metal. In the night, it was again used for transporting the labourers back to their village. On 06.05.1996, the labourers were engaged till 10:00 p.m., and thereafter, they were being taken to their village in the said vehicle. It is averted that the respondent No.2 was driving the vehicle in a rash and negligent manner, due to which, the dumper overturned and in the accident some of the labourers died while other sustained various injuries. These claim cases arise due to the injuries sustained and death suffered by the persons, who were travelling in the vehicle.