HEMRAJ Vs. NEW INDIA ASSURANCE COMPANY

JUDGEMENT

(1.) THE learned Single Judge, under the impugned order, dated 25.1.1994, decided three S.B. Civil Miscellaneous Appeal Nos. 270/1988,271/1988 and 154/ 1988 and felt dissatisfied and aggrieved of that order the claimant -appellants in S.B. Civil Miscellaneous Appeal Nos. 270/1988 and 154/1988 have preferred these two appeals.

(2.) THE appeals before the learned Single Judge were filed against the common award, dated 29.1.1988 of the learned Motor Accident Claims Tribunal, Jaipur, in three Claim Case Nos. 251 /85,252/1985 and 253/1985. Since the order impugned in these appeals is common and the matters arise out of the same accident, the appeals are taken up for hearing together and being decided by this common order.

(3.) BRIEFLY stated the facts of the cases are that three persons, including two deceased, were going on a motorcycle No. RRG 1189 to Jaipur from Bassi. It was being driven by deceased Hempal. They were on the right side of the road. When the motorcycle was near the octroi outpost, truck No. RNB 1677 came rashly and negligently from the opposite direction and struck the motorcycle and that resulted in the death of all the three riders thereon. The learned Tribunal made the New India Assurance Company Limited, Jaipur, the insured of the offending truck, liable for payment of the entire amount of compensation.