ANU SUNAR Vs. N P SHARMA

JUDGEMENT

(1.) This batch of MAC appeals is directed against the common judgment and award dated 6-2-2007 passed by the learned Member. Motor Accident Claims Tribunal, Shillong in MACT Cases Nos. 7 to 11 of 2006 dismissing the claim petitions filed by the claimants/appellants for compensation. Since all the claim cases arose out of the same vehicular accident, the appeals were heard together and are being disposed of by this common judgment.

(2.) Heard Mr. V. K. Jindal, the learned senior counsel for the appellants. I have also heard Mrs. T. Yangi, the learned counsel for the respondent-Insurance Company and Mr. K. K. Gupta, the learned counsel for the respondent No. 1.

(3.) The material facts giving rise to these appeals may be noticed at the very outset. On 11-12-2004 at about 10.30 p.m. there was a motor accident at Barik Point near Step by Step School, Shillong involving one Maruti Van bearing Registration Number ML-05-C-2051, one TATA Sumo bearing registration Number ML-05-B-6787 and one truck bearing Registration Number AS-01 -P-6355, which resulted in the death of Master Santosh Biswa aged 9 months and also caused injuries to Smt. Anu Sunar, mother of the said minor, Smt. Hari Maya Sunar, Smt. Santimaya Sunar and Smti Shanti Sunar. Smt. Anu Sunar filed MACT No. 7 of 2006 claiming compensation for the death of the deceased minor. She is also the claimant in MACT No. 10 of 2005 claiming compensation for injuries caused to her in that accident. Similarly, Smt. Hari Maya Sunar, Smti. Santimaya Sunar and Smti. Shanti Sunar filed MACT Case No. 8 of 2005, MACT Case No. 9 of 2005, MACT Case No. 11 of 2005 respectively for claiming compensation. The claim petitions were contested by the respondent Insurance Company as well as the respondent No. 1, who is the owner of the offending Maruti Van. At this stage, it may be noted that the owner of the Maruti Van, namely, NP Sharma had died during the pendency of the cases and was substituted by the wife, Smt. Indira Sharma. On the pleadings of the parties, the Tribunal framed the following issues :-