ORIENTAL INSURANCE COMPANY LTD Vs. KALAWATI DEVI

JUDGEMENT

(1.) All these three appeals arise out of the common Judgment and award of compensation, they are heard together and shall be disposed by common Judgment.

(2.) As per the claimant's case filed under Sec. 163A of the Motor Vehicle Act 1988 (MV Act), on 1/6/5 the deceased Dina Nath Pandey died in a motor vehicle accident when he was going with his daughter Rina Kumari by Mahindra Savari vehicle bearing No. JH-12A-6430 involving a truck bearing registration No. HR-38D-7766. It is claimed that both the vehicles were being driven rashly and negligently.

(3.) In the claim application one Mansur Mian (O.P.2) was initially impleaded as driver of the passenger vehicle bearing registration No. JH-12A-6430, but later his name was expunged vide order dated 20/5/6 after the charge-sheet was filed against Umesh Rai (O.P No. 1) the owner of this vehicle with the finding that he was driving the vehicle at the relevant time of accident.