HARJINDER SINGH Vs. MOHAN AND OTHERS

JUDGEMENT

(1.) This order will govern the disposal of the C.R No.132/2016, C.R.No.131/2016, C.R.No. 133/2016, M.A.No.1439/2016, M.A.No.1440/2016, M.A.No.1441/2016, M.A.No.1442/2016.

(2.) These revisions under Section 115 of the CPC and the appeals under Section 173 of the Motor Vehicles Act have been filed by owner against the common award dated 28.4.2016 in Claim Case No.81/2015 to 87/2015.

(3.) The claimants (respondents herein) had filed the claim petitions with the plea that on 17.4.2018 Mangilal, Sundarbai, Mohan, Sarjubai,Kiran, Hukamichand and Rekha were going to Gujarat to work as a Labourer and were waiting for the Bus at Kushi Naka Rajgarh when the respondent Sajjan Singh the Driver came in Truck No.MP.No.09/HF-2603 and told them that he was going to Gujarat. The truck belonged to the present appellant and was insured with the respondent /Insurance Company. The driver of the truck took the aforesaid persons in the truck and by driving it in rash and negligent manner on IndoreAhmedabad Road Khajurkhau, he had turned the truck turtle, as a result of which Karan had died and other claimants had received the injuries. The offence under Sections 279,337,338 and 304 A IPC in Crime No.179/2008 was registered against the driver and the challan was filed. Accordingly, the respondents/claimants by filing the claim petition had prayed for the compensation amount.