NATIONAL INSURANCE CO LTD. Vs. MAHENDRA KUMAR

JUDGEMENT

(1.) Challenging the common judgment and award dated

(2.) As the facts as well as the arguments advanced by the learned counsel for the respective parties are common, therefore, all the three appeals are being decided by this common judgment.

(3.) The facts in nutshell are that an accident occurred on 2/10/1995 at a place situated about 2 kms from Dhirera on the way to Lunkaransar. In the said accident, Sharda Sharma and Madanlal expired and other claimants sustained injuries. The deceased and the claimants were travelling in a Jeep bearing no.RNF-1145 (hereinafter referred to as the offending vehicle for short) which was owned by Gora Devi, who is impleaded as respondent in all the civil misc. appeals. The learned Tribunal while holding that the appellant-Insurance Company failed to produce any evidence in its favour, held the appellant-Insurance Company liable and awarded compensation to the claimants. Aggrieved by the impugned judgment and award, the appellantInsurance Company filed the present appeals.