NATIONAL INSURANCE COMPANY LTD Vs. SUNITI DEVI

JUDGEMENT

(1.) BOTH the appeals arise out of a common judgment and order dated 25.5.1992 passed by 3rd. Add1. District Judge -cum -Judge, Claim Tribunal, Hajipur in Claim case nos. 36/86 and 37/86. In both the appeals National Insurance Company Ltd. is the appellant and in both the appeals common question of law and facts are involved and as such they have been heard together and are being disposed of by this judgment.

(2.) THE claim case no. 36/86 was filed by the widow of Shambhu Nath Sharma, respondent no.1 of M.A.No. 208/92 and on behalf of minor sons and daughters, respondent nos. 2 to 5 and also by mother of the deceased, respondent no.6 against National Insurance Company Ltd; appellant, Dwarika Nath Thakur, owner of the vehicle, respondent no. 7 and Kamla Kant Jha, driver of the vehicle, respondent no.8. Claim case no. 37/86 was filed by Saroj Kumar, widow of Kamla Kant Sharma, respondent no.1 of M.A.210/92 and on behalf of minor son of the deceased Kamla Kant Sharma and also by Sita Devi mother of the decease Kamla Kant Sharma against National Insurance Company Ltd. the appellant, Dwarika Nath Thakur, owner of the vehicle and Kamla Kant Jha, driver of the vehicle.

(3.) A criminal case was also instituted with respect to the accident in which Shambhu Nath Sharma and Kamla Kant Sharma were killed. Certified copy of First Information Report and photo copy of postmortem report were also filed but those were not exhibited.