ORIENTAL INSURANCE COMPANY LTD. Vs. UMAKANTA SETHI

JUDGEMENT

(1.) This batch of appeals has been filed under Section 173 of the Motor Vehicles Act, 1988 (in short, 'the Act') challenging a common award dated 4.2.2006 passed in MAC Case Nos. 116/179 of 2002/1995, 4/171 of 1997/1995, 142/170 of 1997/1995, 157/177 of 2000/1995, 164/169 of 1997/1995, 29/174 of 1997/1995, 17/182 of 2001/1995, 27/164 of 2001/1995, 18/183 of 2001/1995, 67/180 of 1999/1995 and 57/181 of 2000/1995. Since, the above M.A.C. cases were filed out of the same accident by different claimants under Section 166 of the Act and they were disposed of by a common award dated 4.2.2006 and the grounds taken in all the appeals are similar, they are disposed of by this common judgment.

(2.) The claimants' case in a nutshell is that on 12.6.1995 the deceased persons and the injured were returning to their respective homes in a trekker bearing Registration No.OR-01-9505 along with the groom after attending a marriage. While they were coming from village Jalada to village Bari on N.H.B. at about 5.50 A.M. in front of Matiapada Dhaba hotel an Truck bearing registration No.AP-16T-6845 coming from the opposite direction hit the Trekker resulting in death of some of the occupants of the Trekker and injuries to several others. According to the claimants, the Truck driver was rash and negligent and he was responsible for the accident. Thereafter Simulia P.S. Case No.44 of 1995 was registered in connection with the above accident. With these averments, the claim petitions were filed before the learned Tribunal.

(3.) Opposite party No.2-Oriental Insurance Company Ltd.( in MAC No.116/179 of 2002/1995) filed written statement before the learned Tribunal challenging the maintainability of the cases. It was pleaded that there was no such accident and the Truck in question had not caused any accident. It was also pleaded that the driver of the offending Truck had no valid and effective driving licence at the time of accident. Their specific case is that the driver of the offending Trekker lost his control over the vehicle as a result of which the Trekker capsized and the deceased persons died and several persons became injured in that accident.