MADHUSUDAN Vs. PREMKUNWAR

JUDGEMENT

(1.) APPELLANTS (owner and driver of the defending vehicle) have directed this appeal against the common award dated 30.11.1996 passed by the Additional M.A.C.T., Khargone in Claim Case Nos. 51/88 and 12/92 thereby allowing the application filed by Premkunwarbai and others and awarding compensation of Rs. 78,000/- together with interest at the rate of 12% p.a. from the date of filing of the suit till realisation of the amount.

(2.) BRIEFLY stated the facts of the case are that on 24.6.1988 appellant No. 1, as a result of rash and negligent driving of Rajdoot motor cycle bearing registration No. CII 2228 met with an accident resulting into death of one Chintaman, travelling on the rear seat of the same motor cycle. Respondent Nos. 1 to 5 and 6 to 11 separately filed two claim petitions against the appellants and respondent No. 12 on the averment that Smt. Premkunwarbai is the legally wedded wife of the deceased Chintaman and respondent Nos. 2 to 5 are her children whereas respondent No. 6 Shantabai also alleged that she is the wife of deceased Chintaman and respondent Nos. 7 to 11 are her children. Learned Tribunal rejected the claim filed on behalf of respondent Nos. 6 to 11 and allowed the claim petition filed by respondent Nos. 1 to 5 and awarded compensation in their favour by the impugned award as indicated above.

(3.) ON service of notice to respondent Nos. 6 to 11 they have filed cross-objection challenging dismissal of the claim petition filed by the said respondents. The said cross-objection was challenged on behalf of respondent No. 12 on the ground that they have no locus standi to file cross-objection in the appeal filed by the appellants (defendants) against the co-defendants i.e. Insurance Company for holding Insurance Company also liable to pay the compensation amount.