SUNIL KANODIYA Vs. RAJKUMAR

JUDGEMENT

(1.) Since these Misc. appeals relate to award dated 18th August, 1998 passed by Judge, Motor Accident Claims Tribunal Kotputili, District Jaipur in MACT Cases Nos. 25/92, 26/92, 18/92, and 548/93, they are being disposed by this common judgment.

(2.) The facts have been set out in the impugned award and hence I am not repeating the same here except wherever necessary.

(3.) The facts in brief are that on 1st March, 1990 deceased Shyamaprasad Kanodiya, Sajjan Kumar Kanodiya, Smt. Savitri Kanodiya and Smt. Bhagwati were travelling in Car No. BSF 5620 from Jaipur to Delhi alongwith some other persons when the Truck bearing No. HYDW 816 being driven rash and negligent by Rajkumar driver hit the car by coming in wrong direction due to which deceased Shyamprasad Kanodiya, Smt. Savitri Kanodiya, Sajjan Kumar Kanodiya and Smt. Bhagwati died. Rajkumar, driver who is respondent herein was working under the employment of M/s. Royal Transport of India, respondent No. 2 herein who owned the truck which was insured with the respondent No. 3 New India Insurance Company at the time of accident. A challenge under Section 304-A I.P.C. was also filed against the truck driver in the competent Court.