UNITED INDIA INSURANCE CO LTD Vs. ANNAPURNA SHANDILYA

JUDGEMENT

(1.) These appeals have been preferred by the appellant, United India Insurance Co. Ltd., aggrieved by the awards passed in different claim cases arising out of the same accident. Hence, the appeals are being decided by this common order.

(2.) On 29.7.1994 in a Maruti van No. MP 04-0554 deceased - Naresh Kumar Banerjee, Suresh Kumar Shandilya, Mamta Shandilya, Payrelal and Mohini Bai were travelling along with injured - Bharat, Awantika Kulshreshta, Ankita Shandilya, Narayan Singh and Narendra Kumar Gupta. Claim petitions were filed by the injured and the legal representatives of the deceased claiming compensation in Motor Accidents Claims Tribunal, Bhopal.

(3.) On 29.7.1994 the aforesaid Maruti van at about 11.30 p.m. in the night dashed against stationary truck (CPC 8452) near Carmel Convent School. There was heavy rain. Truck was parked on the road without any parking lights being on. Maruti van was driven at high speed. Driver Narendra Kumar Gupta was unable to control it, hence, it met with the accident. Maruti van was owned by Mahendra Kumar Singh. It was insured with United India Insurance Co. Ltd.