SUNIL KSHATRI Vs. DHELAU SAHU

JUDGEMENT

(1.) These are the seven appeals under Section 173 of the Motor Vehicles Act, 1988, filed by the Appellant, the owner of the offending vehicle, i.e., Metador No. CG10-A/4525, assailing the award dated 13.7.2005 passed by the Second Additional Motor Accident Claims Tribunal, Balodabazar, in Claim Case Nos. 20 of 2004, 27 of 2004, 28 of 2004 and 31 of 2004 and also the award passed on the same day i.e. 13.7.2005 by the same Tribunal in another set of Claim Case Nos. 48 of 2004, 60 of 2004 and 62 of 2004.

(2.) On 28.11.2003, the offending vehicle, a public carrier, belonging to the Appellant met with an accident resulting in death of three persons and injuries to few more persons. Consequently, the aforementioned seven claim applications were filed under Section 166 of the Motor Vehicles Act, 1988, before the Tribunal; three of them were in respect of death case and four were in respect of the injuries sustained by the persons.

(3.) The undisputed fact is that, the accident being of 28.11.2003, three persons died and four injures sustained injuries in the said accident and the offending vehicle being insured with the New India Insurance Company Limited. The offending vehicle was duly insured for one driver, one cleaner and five coolies also is not disputed, as is evident from Exhibit D-3 which is the insurance policy proved before the Tribunal.