LAWS(RAJ)-1993-4-7

NARENDRA KUMAR Vs. VARIS HASSAN FAROOQUI

Decided On April 12, 1993
NARENDRA KUMAR ANOTHER Appellant
V/S
VARIS HASSAN FAROOQUI Respondents

JUDGEMENT

(1.) SINCE common question of law is involved in all these Special Appeals and the appeals filed against the award of Motor Vehicles Tribunal were disposed of by common judgment, therefore, they are also disposed of by a common judgment.

(2.) THESE Special Appeals have been filed against the judgment dated November 5, 1992, passed by the learned Single Judge, whereby, all the appeals filed by the appellants were dismissed.

(3.) WE are, therefore, of considered opinion that since the grounds to challenge the award by the owner and the insurer are different, as provided under the relevant provisions of the Act, 1939, a joint appeal by them is not maintainable. Apart from this, since no burden of payment of the compensation is imposed on the owner and no legal or practical injury has been caused to him, he cannot be termed to be "person aggrieved", as per Section 110-D of the Act, 1939.