UNITED INDIA INSURANCE COMPANY Vs. BIDESINI PRADHAN

JUDGEMENT

(1.) BOTH these appeals have been filed by the Insurance Company against a common award passed by the Fourth Motor Accident Claims Tribunal, Puri, in two separate claim cases arising out of the very same accident. M.A.C. No. 555/89 had been filed by the widow of deceased Kanhu Charan Sahoo, whereas M.A.C. No. 558/89 had been filed by the widow of deceased Chandramani Pradhan claiming compensation. It was alleged that the accident was caused due to negligent driving of the Car bearing registration number ORC 8348 on 6.5.1989, as a result of which the two deceased received injuries and subsequently died. It was alleged that the two deceased persons alongwith others were returning to Bhubaneswar in the offending vehicle. It was further alleged that the vehicle belonged to Girish Chandra Dasgupta (present respondent No. 2) and had been insured with the present appellant.

(2.) THE present respondent No. 2 in each of the appeals was the registered owner of the vehicle. He, however, took the plea that the vehicle had been transferred to one P.K. Adhya. He further took the plea that he learnt that the vehicle in question had been insured with the present appellant.

(3.) IT appears from the order -sheet that at one stage application had been filed on behalf of the claimant in each of the cases for impleading P.K. Adhya and such application had, in fact, been allowed and P.K. Adhya was impleaded as a party, but subsequently on the basis of application of claimant, P.K. Adhya was deleted and the matter proceeded between the claimant and present respondent No. 2 and the appellant. It further appears that the present respondent No. 2 though had taken a specific plea that the vehicle had been transferred to P.K. Adhya, he did not adduce any evidence.