UNITED INDIA INSURANCE COMPANY LIMITED Vs. ANITA

JUDGEMENT

(1.) THESE five misc. appeals alongwith cross-objection in Appeal No. 107/97 have arisen out of a single accident, for which, Claim Cases Nos. 178/94, 191/94, 168/94 and 13/95 were preferred by the respective parties before the Judge, Motor Accident Claims Tribunal, Dungarpur who vide his judgment and award dated 16. 9. 1996 decided the claim petitions. Since, in all these appeals, common questions of law and facts are involved, therefore, the same are being heard together and disposed of by this common judgment.

(2.) BRIEFLY stated the facts of the case are that a Claim Petition No. 178/94 was moved by Smt. Anita Jain w/o Shri Virendra Jain (deceased), Claim Petition No. 191/94 was filed by Smt. Kamla Bai w/o Shri Ratan Lal (deceased), Claim Petition No. 168/94 was filed by Smt. Tara (injured) and Claim Petition No. 13/95 was filed by Nathu (father of deceased Raman) wherein it was stated that on 18. 4. 1994, Smt. Tara, Shanker, Virendra, Ratanlal and Raman were travelling in a Jeep bearing No. RJK 1193, which was being driven by Lokendra Singh rashly and negligently at high speed, consequently, the jeep driver has lost his control whereby the jeep fell down in the river, as a result of which, the occupants travelling in jeep have received grievous injuries on their persons and due to severe injuries, the occupants Virendra, Ratanlal and Raman died and others got injured.

(3.) IT was stated in the claim petitions that at the time of accident the owner of the Jeep was Badri Lal and the said jeep was insured with the United India Insurance Company Ltd. IT was alleged in the claim petitions that the accident took place due to rash and negligent driving of the jeep, therefore, the non- claimants are responsible for the payment of compensation.