NATIONAL INSURANCE CO LTD Vs. GIRDHARI LAL

JUDGEMENT

(1.) The abovenoted six appeals arising out of three separate awards dated 16.10.2001, 12.6.2002 and 3.12.2001 of the learned Motor Accidents Claims Tribunal (II), Shimla (for short 'the Tribunal') are being disposed of by this single judgment since a common question as to the liability of appellant insurance company is involved therein.

(2.) Girdhari Lal, respondent No. 1, is the owner of minibus No. HP 10-011 while respondent Bhupender was the driver of the said bus. One Sunder Singh Nainta, who is a respondent in some of the appeals is the co-owner of the above said bus along with Girdhari Lal, respondent No. 1.

(3.) On 12.6.1995 the above said bus while proceeding from Jangla to Rohm at about 11.50 a.m. near Smoli Bridge met with an accident as a result it went off the road and tell down in the Pabber river resulting in the death and injuries to a number of passengers travelling therein.