NEW INDIA ASSURANCE CO LTD Vs. KALJANG DORJE

JUDGEMENT

(1.) All these appeals are being disposed of by a common judgment as they arise from the same accident and involve common questions of law and facts. The claim petitions of the claimants in these appeals were dismissed by the learned Motor Accidents Claims Tribunal, Kinnaur on the ground that the claimants had failed to prove that the accident in question occurred due to rash and negligent acts of the driver of the vehicle in question. Fifteen appeals were preferred in this court which were disposed of by a common judgment in Kaljang Dorje v. Dorje Phunchok, 2007 ACJ 1472 (HP), by Deepak Gupta, J., who heard the appeals, held:

(2.) The fact that the accident was the result of overloading and considering the terrain in which the vehicle was being plied, was the direct cause of the accident already stands decided as the judgment(s) having been accepted by the parties, have not been challenged in appeal and have attained finality. On remand, the learned Motor Accidents Claims Tribunal has allowed all the appeals and awarded compensation in accordance with law fixing and apportioning the liability on the insurance company.

(3.) The factum regarding the accident is not disputed and need not be considered here again as the matter already stands concluded by the judgment of this court as referred to hereinabove. The accident had occurred on 17.7.2003 at around 10.30 in the morning near a place called Chhota Dhara and all the occupants of the ill-fated vehicle died and their bodies were washed away in a swift current of the river in which the ill-fated vehicle plunged.