NATIONAL INSURANCE CO LTD Vs. RAJINDER KUMAR ARORA

JUDGEMENT

(1.) ALL these three appeals have been preferred by the Insurance Company against the common award, dated 24th July, 2009, passed by the Motor Accident Claims Tribunal -cum - Presiding Officer, Fast Track Court, Mandi, H.P. in three Claim Petitions bearing Nos.2/2001 (239/2005), titled Rajinder Kumar Arora vs. Vijay Kumar and others, 88/2001 (240/2005) titled Bimla Mehta alias Vimmi vs. Vijay Kumar and others, and 3/2001 (242/2005) titled Punam Arora vs. Vijay Kumar and others, whereby and whereunder, all the three Claim Petitions were allowed by the Tribunal, (hereinafter referred to as the impugned award). Brief facts

(2.) THE Claim Petitions are the outcome of a vehicular accident, which was, allegedly, caused by original respondent No.2/Hans Raj, driver, while driving truck bearing registration No.HP -31 -3622 rashly and negligently on 12th May, 2000, in which the claimants, namely, Rajinder Kumar, Bimla Mehta and Punam Arora sustained injuries. FIR was lodged, police was set in motion and after investigation, charge sheet was filed against accused Hans Raj before the Court of competent jurisdiction, which was dismissed by the Chief Judicial Magistrate, Mandi vide judgment dated 1st April, 2005 holding that the prosecution had failed to prove the identity of the driver and the fact that Hans Raj was the driver of the offending vehicle at the relevant point of time. It is stated, during the course of hearing, that the State has not questioned the said judgment, and thus, has attained finality.

(3.) ALL the claim petitions were resisted by the insurerappellant and the owner Vijay Kumar Mehta, by way of filing separate replies, while the alleged driver of the offending vehicle, namely, Hans Raj, impleaded as respondent No.2 in all the three Claim Petitions, chose not to appear before the Tribunal and was proceeded ex -parte.