KALJANG DORJE Vs. DORJE PHUNCHOK

JUDGEMENT

(1.) This order shall dispose of 15 appeals as they arise out of the same accident and can be disposed of by a single order.

(2.) Briefly stated the facts of the case are that on 17.7.2003 accident of vehicle No. HP 02-A 3047 took place near Chhota Dhara in District Lahaul and Spiti. The said vehicle rolled into the Chandra River and all the occupants of the vehicle died. Fifteen claim petitions were filed by the persons claiming to be the heirs of the victims, who had died in the accident in question. These petitions have been dismissed by the learned Motor Accidents Claims Tribunal, Kinnaur at Rampur Bushahr by holding that claimants have failed to prove that accident in question occurred due to rash and negligent driving of the driver of the vehicle in question. Aggrieved against the said awards, the present appeals have been filed.

(3.) I have heard Ms. Ritta Goswami, learned counsel for the appellant in all the appeals, Mr. B.C. Negi, learned counsel for owner of the vehicle, respondent No. 1 and Mr. K.D. Sood, learned counsel for insurance company, respondent No. 2. There is no dispute with regard to the fact that the vehicle in question went off the road and fell into the Chandra River. The vehicle as well as persons travelling in it (the vehicle) were washed away in the strong current of the river. The two witnesses produced in all the cases to prove the factum of negligence are Sunil Kumar, PW 2 and Dorje Namgial, PW 3.