MAGMA GENERAL INS. CO. Vs. VINOD KUMAR

JUDGEMENT

(1.) The petitioner Magma General Insurance Company Ltd. (hereinafter referred to as 'the Insurance Company' for brevity) has filed these three writ petitions under Article 227 of the Constitution of India challenging the common order dtd. 21/4/2023 passed by learned Judge, Motor Accident Claims Tribunal, Jaipur District, Jaipur in Motor Accident Claim Case Nos.460/2022, 461/2022 and 462/2022 whereby the learned Tribunal has rejected three separate applications under Order 7 Rule 11 CPC filed in each claim case on behalf of petitioner Insurance Company for dismissing the claim petitions on the ground of lack of territorial jurisdiction of the learned tribunal to try the claim cases.

(2.) Since in all these three writ petitions, a common order dtd. 21/4/2023 is impugned, the same are being decided by this common order.

(3.) Brief facts of the case are that on 5/2/2020, three ladies namely Manju Devi, Parmeshwari @ Mesri and Draupadi were going to their agricultural fields from their respective homes and when they reached Neherrohi Dhani, Pallu, District Hanumangarh, a tractor No. RJ 49 RA 1559 which was being driven rashly and negligently by its driver, hit them and as a result of which, all the three ladies fell in canal and succumbed to injuries. In February, 2020, the dependents of these three deceased ladies filed three separate claim cases under Sec. 166/140/149 of the Motor Vehicles Act before the learned Special Judge, Printing & Stationary Embezzlement & Motor Accident Claims Tribunal, Jaipur District, Jaipur claiming compensation from the owner, driver and insurer of the offending vehicle. The offending vehicle was insured with the petitioner Insurance Company. After filing claim petitions, in July, 2021, written submissions were filed on behalf of the petitioner Insurance Company and same are annexed herewith as Annexure-3. Thereafter, in September, 2021, issues were framed in all the three claim cases. Presently, these cases are pending for recording defence evidence.