NATIONAL INSURANCE COMPANY LIMITED Vs. NEBH RAJ

JUDGEMENT

(1.) By this common order I propose to dispose of six connected civil revisions bearing Nos. 801 to 806 of 2002, as all these revisions have been filed challenging the award rendered by learned Motor Accidents Claims Tribunal dated 7.9.2001, whereby respondents in all these revisions were held entitled to various amounts of compensation.

(2.) Brief facts of the case reveal that number of persons, who were members of a marriage party, after solemnisation of the marriage were returning to village Rajapur by a tractor-trolley on 3.7.1996. This tractor was being driven by Kashmira and when the tractor-trolley carrying the marriage party reached village Baroli on G.T. Road, a truck bearing No. HR 41-0211 came from Panipat side which was being driven by Sukhwant Singh in a rash and zigzag manner and also negligently. The same struck against the tractor-trolley on its left side. The accident resulted into injuries to number of persons travelling in the tractor-trolley, some of whom succumbed to their injuries. Number of claim petitions that were filed under the provisions of the Motor Vehicles Act were consolidated by Mr. Manjit Singh, Motor Accidents Claims Tribunal, Panipat and disposed of by a common award dated 7.9.2001. Out of so many claim petitions that were consolidated, as referred to above, the petitioner, insurance company, has filed these six revisions.

(3.) Mr. Suri, learned counsel representing the petitioner, on the basis of judgment recorded in United India Insurance Co. Ltd. v. Bhushan Sachdeva, 2002 ACJ 333 (SC), contends that the petitioner insurance company is an aggrieved party and, thus, it is open to the insurance company to invoke the right under section 173 of the Act as the insured in the present case has failed to appeal against the award passed by the Tribunal.