SUNITA AND ORS. Vs. NARESH KUMAR AND ORS.

JUDGEMENT

(1.) THE two first appeals, particulars of which have been given above, had arisen from an award dated 27.11.2012 passed by Motor Accident Claims Tribunal, Kurukshetra in MACT petition No. 91 of 2011. Both shall be disposed of by this common judgment in FAO No. 918 of 2013.

(2.) BEFORE proceeding to the contentious issues, a short sketch of the facts is given hereunder: -

(3.) THE petition was contested by respondents No. 1 and 2 driver and owner of the offending car as well as by respondent No. 3 (appellant in FAO No. 1095 of 2013) being the insurer of the said car. Respondents No. 1 and 2 took the stand that the accident occurred due to rash and negligent driving of the motorcycle by deceased Karam Chand himself. Respondent No. 3 -insurer raised objections that the offending car was being driven in violation of the terms and conditions of the insurance policy; the petition had been filed in collusion with the petitioners; and that the offending car was not the vehicle involved in the accident.