NATIONAL INSURANCE COMPANY LTD. Vs. PASMI DEVI

JUDGEMENT

(1.) BY this judgment three appeals being FAO Nos.175, 176 & 178 of 2003 are being disposed of as they arise out of the same accident and the points involved are similar.

(2.) TRUCK No.HP-10-0821 belongs to respondent Sanjeev Kumar. Respondent Gulshan Datta was the driver of the said truck. This truck met with an accident on 12.4.2000 at about 4.30 p.m. All the three deceased were travelling in the said truck died. The legal heirs of the victims filed the claim petitions.

(3.) FAO No.176 of 2003 arises out of claim petition No.89-S/2 of 2001/2000. This claim petition has been filed by the widow, children and parents of late Desh Raj. The deceased in this case was also working as beldar with PWD. Rest of the pleadings in this case are virtually identical. The case set-up is that he was employed as labourer by Durga Singh. The replies of the owner and the Insurance Company were same as in FAO No.175 of 2003.