UNITED INDIA INSURANE CO LTD Vs. SAROJ DEVI

JUDGEMENT

(1.) Heard the learned counsel for the appellant and perused the record.

(2.) These appeals are against the award dated 17/4/2003 of the Motor Accidents Claims Tribunal, Bikaner passed in claim cases filed under section 166 of the Motor Vehicles Act, 1988.

(3.) Brief facts of the case are that the claimants allege that on 8/7/1988 at about 10 p.m., victims were travelling in the three-wheeler taxi RJ 07-P 0626. Tola Ram was driving the three-wheeler taxi and when taxi reached near the chungi check post just before the municipal boundary of Bikaner, near Shiv Shakti Gas godown, a truck No. RSF 3949 came and hit the taxi and dragged the taxi far away from the road and the truck ran over the three-wheeler. The taxi went under the fuel tank of the truck. In this accident, six persons died and the driver of the taxi suffered injuries. All the seven set of the claimants including the driver of the three-wheeler taxi submitted claim petitions before the Motor Accidents Claims Tribunal, Bikaner. Claimants except in the Claim Case No. 159 of 1998 impleaded the driver and owner of the truck No. RSF 3949 as well as United India Insurance Co. Ltd. who insured the said truck, the claimants also impleaded owner of the three-wheeler and Oriental Insurance Co. Ltd. as parties. In Claim Case No. 159 of 1998 the claimants impleaded the driver, owner of the truck and the insurance company of the truck as parties. All the claim petitions were consolidated and consolidated issues were framed. The claimants produced in total ten witnesses. No evidence was produced by any of the non-claimants including the appellant insurance company. The learned Tribunal allowed all the claim petitions of the claimants and awarded compensation to the claimants as mentioned below: <FRM>JUDGEMENT_1316_ACJ_2006Html1.htm</FRM>