UNITED INDIA INSURANCE COMPANY LTD. Vs. BANO BEGUM

JUDGEMENT

(1.) By this common judgment, the instant appeals preferred against the common award dtd. 17/11/2009 (for short, 'impugned award") passed by the Motor Accidents Claim Tribunal, Jammu (for short the Tribunal") are being disposed of, in that, the issues involved therein the said appeals are akin and analogous to each other.

(2.) The brief facts emerging from the record would reveal that the claim petitions came to be filed by the claimants/respondents herein in the instant appeals before the Tribunal for compensation under the provisions of the Motor Vehicles Act 1988 (for short the Act of 1988) stating therein that the claimants had fetched green grass from the jungle and loaded the same in a vehicle/truck bearing registration No.JK02G 9235 (for short, "offending vehicle") at the Bhagaliar Dam against the payment of Rs.10.00 per passenger including the grass charged by the driver of the offending vehicle who drove the offending vehicle rashly and negligently as a result whereof, the offending vehicle met with an accident and the claimants travelling therein with their grass sustained injuries whereupon the claimants/respondents herein were shifted to Government Medical College, Jammu for treatment.

(3.) The Tribunal on the pleadings of the contesting parties framed the following issues:-