NATIONAL INSURANCE CO. LTD. Vs. SAJJAN KANWAR

JUDGEMENT

(1.) The aforesaid civil misc. appeals preferred by the Insurance company (SB CMA Nos.245/2005, 244/2005, 271/2005, 285/2005 and 366/2005), claimants (SB CMA No.243/2005) and SB Civil Cross Objection Misc. Application No.21/2005 filed in SB CMA No.245/2005 by the claimant-Mohan Singh have been heard and are being decided by this common judgment as they have been preferred against the common judgment and award dtd. 16/6/2004 passed by the learned Judge, Motor Accident Claims Tribunal, Bikaner (hereinafter referred to as the learned tribunal for short) in claim case No.193/2000 (Sajjan Kanwar & Ors. Vs. Gopal Ram & Ors), No.257/2000 (Laxman Singh Vs. Gopal Ram & Ors.), No.258/2000 (Panney Singh Vs. Gopal Ram & Ors.), No.75/2001 (Mohan Singh Vs. Gopal Ram & Ors.) and No.76/2001 (Jagmal Singh Vs. Gopal Ram & Ors.).

(2.) The facts in brief are that on 21/4/2000 when the claimants Laxman Singh, Panney Singh, Mohan Singh and Jagmal Singh were travelling in jeep bearing No. RJ-19-C-3415 which was being driven by the deceased Bhawani Singh from village Uthwaliya to Bambu, bus driver Ramswarooop while driving the bus no.RJ-07-P-0876 rashly and negligently, hit the jeep, resulting into death of Bhawani Singh and simple and grievous injuries to other claimants. Thus, claiming the different amount of compensation, the claim petitions were filed by the claimants.

(3.) In the aforesaid appeals preferred by the appellant-Insurance Company, Mr. Sanjeev Johari, learned Senior Counsel submitted that the learned tribunal has wrongly decided issue no.7. Issue no. 7 is reproduced as under:- <IMG>JUDGEMENT_132_LAWS(RAJ)10_2023_1.jpg</IMG>