GAJANAND Vs. VIRENDRA SINGH

JUDGEMENT

(1.) Case is listed in default of P.F. for the respondent Nos.1 and 2. Learned counsel for appellant prays for dispensing with services of respondent Nos. 1 and 2. Prayer is accepted. Services of respondent Nos. 1 and 2 are dispensed with at the risk of appellant.

(2.) This order shall also govern the disposal of M.A. Nos. 420 and 422 of 2005 as all the appeals have been decided by one award dated 21.7.2004 passed by the Twentieth M.A.C.T., Indore in Claim Case Nos. 261, 262 and 263 of 2003 and in all the appeals parties are one and the same.

(3.) Short facts of the case are that the appellants filed a claim petition before the learned Tribunal alleging that on 30.5.99, deceased Mohan was going with his wife Maithli and daughter Prathna in a Matador bearing No. MP 09-S 2547. Further case of the appellant was that said Matador met with an accident with a truck bearing registration No. MP 09-KA 9927 which was driven by respondent No. 2, owned by respondent No. 1 and insured with respondent No. 3. It was alleged that because of rash and negligent driving of respondent No. 2, an accident took place and Mohan with all the aforesaid members of the family died on spot. It was alleged that driver of Matador also expired. In the claim it was alleged that appellants are L.Rs. and dependent on the deceased. The claim petition was contested by respondent No. 3 on various grounds including on the ground that appellants are not dependent on the deceased.