CHANDU Vs. LILU ALIAS AMIN

JUDGEMENT

(1.) THESE four appeals have been filed by the claimants, against a common judgment of the learned Motor Accident Claims Tribunal, Nohar Camp Bhadra, deciding six claim petitions. Appeal No. 153 arises out of claim petition No. 120 of 1993 which was filed for personal injuries received by the claimant Chandu, Appeal No. 154 arises out of claim petition No. 118 which was also filed for personal injury sustained by the claimant Nima. Then, Appeal No. 155 arises out of claim No. 123 of 93 which was filed by the legal representatives of Smt. Badami on account of death of Smt. Badami, and Appeal No. 156 arises out of claim petition No. 124 which was filed by legal representatives of Raji Ram on account of death of Raji Ram.

(2.) THE necessary facts of the case are, that all the victims were travelling in goods vehicle No. HR 20/B/357. According to the claim petitions when this vehicle reached near Patwa Bus Stand, the driver tried to overtake another goods vehicle RJ 13/G -674, by driving it rashly and negligently, and in that process it dashed against truck No. RJ 13/1148, coming from the opposite side, as a result of which two persons died as above, and other persons were injured.

(3.) THE insurer also filed reply, contending that it has not been pleaded in the claim petition, as to in what capacity occupants were travelling in the vehicle, but it appears that they were travelling as passengers, while the vehicle was not authorized to carry passengers. Various other grounds have been taken, and the liability of the insurer was denied.