UNITED INDIA INSURANCE CO LTD Vs. SUNITA

JUDGEMENT

(1.) This order shall also govern the disposal of M.A. Nos. 3374, 3375, 3378, 3379 and 3380 of 2007 as all the appeals are arising out of one award dated 31.7.2007 passed by First M.A.C.T., Dewas in Claim Case Nos. 115, 112, 114, 111 and 110 of 2007 and also arising out of one accident.

(2.) The short facts of the case are that in a motor accident which took place on 26.1.1998, Omprakash Choudhary, Dilip, Kailash s/o Baburao and Kailash s/o Shivnarayan died and Kamal and Mahesh sustained injuries. The claimants Kamal and Mahesh and legal representatives of the deceased filed the claim petitions. Since the offending vehicle was a truck bearing registration No. MP 13-E 1211, therefore, learned Tribunal passed the award against respondent No. 2 and exonerated the appellant insurance company.

(3.) Being aggrieved by the direction of exoneration of appellant M.A. Nos. 1047, 1016, 1017, 1035, 1045 and 1055 of 1999 were filed before this court. Vide order dated 22.11.2005, all the appeals were allowed and impugned award passed by the learned Tribunal dated 7.9.1999, was set aside and the cases were remanded back to the learned Tribunal with a direction to record the evidence and decide the claim cases afresh.