ORIENTAL INSURANCE CO. LTD. Vs. KARMA

JUDGEMENT

(1.) This batch of appeals has been filed by the appellant-Insurance Company under Sec. 173 of Motor Vehicles Act, 1988 against the judgment and award dtd. 18/12/2015 passed by the learned Judge, Motor Accident Claims Tribunal and the learned Additional District and Sessions Judge, Sr. No.4, Jaipur (hereinafter referred to as "the learned Court below"), whereby the claim petitions filed by the claimants/respondents have been allowed.

(2.) Brief facts giving rise to the present appeal are that on 2/12/2007, the deceased/injured were going from Banyawala village to Goner, near Jagdish Ji Temple, to attend a "Sawamani" ceremony in a Pickup Bearing Registration No.RJ-14-GB-4478 (hereinafter referred to as "the vehicle in question"). When they reached near Sahiwad T Point, at about 01:00 PM, the driver of the Pickup drove the vehicle at high speed and in a rash and negligent manner, therefore, the vehicle overturned. As a result of the said accident, one Muli D/o Hanuman died on the spot, whereas other claimants sustained various injuries. Therefore, the claimants have filed various claim petitions seeking compensation for the accident.

(3.) All the claim petitions arising from the accident dtd. 2/12/2007, have been connected and tried together.