ORIENTAL INSURANCE CO LTD Vs. PATEL MAGANBHAI BECHARDAS

JUDGEMENT

(1.) THESE appeals arise out of a common judgment and award of the Motor Accident Claims Tribunal (Aux.), Mehsana dated 21st January 2002 passed in Motor Accident Claim Petitions Nos.1117/91, 1134/91 and 1048/91. Brief facts may be noted at this stage.

(2.) ON 7.7.91, a jeep hired by the Gujarat Electricity Board carrying two Deputy Engineers and which was being driven by the driver employed by GEB met with a serious accident in the early morning hours when it collided with a tanker coming from opposite direction. In the accident, driver and both the Deputy Engineers of GEB died. For the death of Dasrathbhai Maganbhai, Deputy Engineer, his dependents which included his widow, minor children and aged parents filed Claim Petition No.1117/91 claiming compensation of Rs.20 lacs. Likewise, for the death of C. Laxminarayan, also a Deputy Engineer, his dependents filed Claim Petition No.1134/91 claiming compensation of Rs.16 lacs. For the death of driver Anwarkhan, his dependents filed Claim Petition No.1048/91 claiming compensation of Rs.3 lacs.

(3.) BEFORE dealing with such contention, we may also record that in MACP Nos.1117/91 and 1134/91, the Claims Tribunal held the GEB also jointly and severally liable to satisfy the award. In MACP No.1048/91, GEB was not joined as opponent and therefore the GEB is not required to satisfy the award passed in such claim petition.