UNITED INDIA INSURANCE COMPANY LTD. Vs. ANJANA

JUDGEMENT

(1.) Since common questions of law and facts arise for consideration in these petitions, the same were taken up together for hearing and are being disposed of by a common judgment.

(2.) The facts giving rise to the present cases are that the claim petitions came to be filed before the learned Tribunal on behalf of the claimants, who either lost their sole bread earner(s) or sustained injuries in the accident, which took place on 26.12.2012 near Bus Stand Sarahan at Nahan-Shimla Road at about 5.40 P.M. involving vehicle bearing registration No.HP-14- A-0919 owned by Ishwar Dutt and insured with the appellant-Insurance Company. The accident was attributed to the rash and negligent driving of its driver, Jai Prakash, which led to filing of an FIR under Sections 279, 337, 338 and 304 IPC against the driver, who also died in the accident.

(3.) The owner of the vehicle in question contested the petitions, wherein he did not deny the involvement of his vehicle in the accident at the relevant date and time, but denied that the accident had taken place due to rash and negligent driving of Jai Prakash. It was averred that the accident took place on account of mechanical failure.