MAGAN Vs. MANSUKHBHAI

JUDGEMENT

(1.) THIS order shall also govern disposal of M. A. Nos. 259,260, 451, 452, 453, 454, 456,457, 458, 459 and 460 of 2007, as all these appeals have arisen out of one accident and by one award and in all the appeals parties are one and the same except the claimants.

(2.) THE impugned award is dated 30. 10. 2006 passed by Additional MACT, Jobat, whereby the claim petitions filed by the legal representatives of 11 deceased and one injured were decided, out of which Claim Case No. 129/04 and 128/04 were dismissed and rests were allowed and compensation was awarded, however, respondent No. 3 was exonerated.

(3.) SHORT facts common in all the cases are that the claim petitions were filed alleging that on 17,9. 2004 at about 6:00am Respondent No. 1 was going on highway on a truck bearing registration No. GJ-3y 8395, which was owned by Respondent n. 2 and insured with Respondent No. 3. It was alleged that the offending truck was in high speed being driven rashly and negligently with the result when it was passing through village Sahila, at that time, it dashed 12 persons, with the result 11 persons died and one Harisingh sustained grievous injuries. It was alleged that since the accident occurred because of rash and negligent driving of Respondent no. 1, therefore, claim petitions be allowed and compensation be awarded.