SUPYAR KANWAR Vs. RAMESH CHAND

JUDGEMENT

(1.) THESE four appeals are by the claimants in a motor vehicle accident, being aggrieved by the judgment of the Motor Accidents Claims Tribunal, rejecting their claim by judgment dated January 15, 1985. Since all the four cases are concerned with one accident, I have accepted the prayer of learned counsel for the parties to decide them by one common judgment.

(2.) ON June 5, 1980, the deceased, Madan Singh, and others were travelling in truck No. RSB 4919 from Datli to Dadu and on the way, due to rash and negligent driving of respondent No. 1, the truck could not be controlled and suddenly it turned down due to which Madan Singh died along with others. In all, four persons died, and their relatives have filed these claim petitions. The persons who died are Babu Khan, Mangla, Madan Singh and Phool Chand. The driver is Ramesh Chand. The truck No. is RSB 4919. The name of the owner of the truck is 'Bahari Goods Carrier '.

(3.) I have carefully considered the rival contentions of learned counsel for the parties and also perused the original insurance policy which was shown to me during the arguments by Mr. Srivastava. Undoubtedly, the insurance policy at the bottom of the page has got a clause 'unlimited liability w.e.f. from 26 -8 -80 '.