HARIKRISHNA MARMAT Vs. SHABBIR HUSSAIN

JUDGEMENT

(1.) THIS order shall also govern the disposal of M. A. Nos. 1694, 1695 and 1696 of 2008 as all the appeals are arising out of one order dated 8. 4. 2008 passed by the Third Additional Member, m. A. C. T. , Mandsaur, in different claim cases arising out of one accident and also parties in all the cases are one and the same except the claimants.

(2.) SHORT facts of the case are that all the claimants filed the claim cases alleging that on 14. 1. 2006 claimants were travelling in a jeep bearing registration No. MP 14-DA 0208 owned by respondent No. 1, driven by respondent No. 2 and insured with respondent No. 3. It was alleged that the loaded gun was in the jeep, all of a sudden by applying the brakes by respondent no. 2 rashly and negligently the trigger of gun was pressed with the result bullet of gun injured the claimants, it was alleged that the accident occurred because of rash and negligent driving of respondent No. 2, therefore, appellants are liable for payment of compensation.

(3.) INSTEAD of filing the written statement an application was filed by respondent No. 3 under Order 7, rule 11 of Civil Procedure Code wherein it was alleged that the injuries sustained by appellant were gun injuries which were having nothing to do with the rash and negligent driving of respondent No. 2, hence the claim cases were not maintainable, it was prayed that the claim cases be dismissed. After hearing the parties, learned Tribunal dismissed the claim cases filed by appellant-claimant, hence, this appeal.