NEW INDIA ASSURANCE COMPANY LTD. Vs. BADAMI

JUDGEMENT

(1.) Since all these four appeals arise out of the same accident, hence are being disposed of vide this common judgment.

(2.) A fateful accident took place on 3.7.1991 at about 7.00 p.m. when a Jeep bearing registration No. RPI-5738 driven by Dhanna Lal collided with the train at the Railway Crossing of 'Baniya Wale Kothi' in a bid to pass through the crossing fastly. In this accident, apart from driver Dhanna Lal, Smt. Rukmani, her 8 months old son Dinesh and one another girl Rekha aged 5 years died and Badami sustained serious injuries.

(3.) Legal heirs of the deceased-Smt. Rukmani, Dinesh and Kumari Rekha filed separate claim petitions and injured Badami also filed claim petition for compensation. All these claim petitions were disposed of vide common judgment dated 6.8.1994 by Motor Accident Claims Tribunal, Jaipur City, Jaipur.