UNITED INDIA INSURANCE CO Vs. YASHODARA

JUDGEMENT

(1.) All above appeals arise out of the Motor Accident claims relating to same incident and decided by common judgment of the Tribunal, Raised issues and arguments very similar so are being decided jointly.

(2.) Relevant brief facts are that in the night between May 9th and 10th 1993 at about 1 o'clock a motor vehicle truck No. RJ 12 G0152 driven by Suresh Chandra in which 15-16 persons were -- on highway Ajmer-railwaymen one km beyond village Rayla -- going off the road overturned resulting into instant death of three persons and injuries to many of which few succumbed soon after.

(3.) For the incident FIR No. 112/93 was registered. It appears that charge-sheet for the offence of Section 304, IPC instituted against the driver Suresh Chandra and owner and also for the offence of Sections 123, 192 MV Act against the owner.