PAWAN KUMAR Vs. HARMAIL SINGH

JUDGEMENT

(1.) This order will dispose of F.A.O. No. 1360 of 1989 (Pawan Kumar v. Harmail Singh), F.A.O. No. 1361 of 1989 (Laxmi Narain v. Harmail Singh), F.A.O. No. 1362 of 1989 (Des Raj v. Harmail Singh), F.A.O. No. 1363 of 1989 (Radhe Sham v. Harmail Singh), F.A.O. No. 116 of 1990 (New India Assurance Co. Ltd. v. Laxmi Narain), F.A.O. No. 117 of 1990 (New India Assurance Co. Ltd. v. Radhe Sham), F.A.O. No. 118 of 1990 (New India Assurance Co. Ltd. v. Pawan Kumar) and F.A.O. No. 339 of 1990 (New India Assurance Co. Ltd. v. Des Raj).

(2.) Pawan Kumar, Des Raj, Laxmi Narain and Radhe Sham, who were travelling in car No. RSK 5211, were injured in an accident involving truck No. BHU 5565, being driven by Harmail Singh, respondent No. 1, owned by Amar Singh, respondent No. 2 and insured with New India Assurance Co. Ltd., respondent No. 3.

(3.) Four claim petitions were filed by the injured, claiming various sums by way of compensation. The respondents filed their written statements claiming that the accident had not occurred on account of the rash and negligent driving of the truck by its driver, respondent No. 1 and it was the driver of the car, Vijay Kumar, who had been driving his vehicle rashly which had led to the accident.