NATIONAL INSURANCE COMPANY LTD. Vs. KAUSHLAYA & OTHERS

JUDGEMENT

(1.) This judgment shall govern all the five appeals because these are outcome of one motor vehicular accident.

(2.) The claimants in all the five claim petitions, which are subject matters of these appeals, filed separate claim petitions, four claim petitions before the Motor Accident Claims Tribunal, Fast Track Court, Shimla (for short "the Tribunal-I) and one claim petition before Motor Accident Claims Tribunal (II), Shimla (for short "the Tribunal-II") on the grounds that they became the victims of the vehicular accident, which was allegedly caused by the driver, namely Shri Sushil Kumar, while driving the offending vehicle, i.e. passenger bus, bearing registration No. HP-07-5186, rashly and negligently on 30.10.2000, near Banol, P.S. Kotkhai, caused the accident, in which five persons sustained injuries and succumbed to the injuries.

(3.) All the five claim petitions were resisted by the legal representatives of the owner-insured and the insurer on the grounds taken in the respective memo of objections.