ROYAL SUNDRAM ALLIANCE INSURANCE CO. LTD., THROUGH BRANCH MANAGER, SHASTRI BRIDGE ROAD, NEAR SHRI RAM FINANCE, WRIGHT TOWN, JABALPUR Vs. SMT. SHAMEENA BANO, W/O LATE SHABEER MOHD. KHAN, AGED

JUDGEMENT

(1.) By this judgment both the miscellaneous appeals bearing MA No. 2808/10 and 3089/10 which have arisen from the award dated 14-05- 2010 passed by XIX Motor Accident Claims Tribunal, Jabalpur in Claim Case No. 220/09. are being decided simultaneously.

(2.) In this appeal the appellants of MA No. 2808/10 are referred to as the Applicants, the respondent No. 1 Ram Naresh, who was the driver of the offending vehicle referred to as the non-applicant No. 1, the respondent No. 2 Upendra Gautam, who was the registered owner of the said vehicle referred to as the non-applicant No. 2, the respondent No. 3 Royal Sundram Allianze, which insured the said vehicle referred to as the non-applicant No. 3 and the respondent No. 4 Smt. Sundaria, who is the mother of the deceased referred to as the non-applicant No. 4.

(3.) The admitted facts of the case are that the non-applicant No. 2 Upendra Gautam was the registered owner of the offending vehicle Marshal Max bearing No. MP17-TA-0206, which was being driven at 5:30 am on 01-10-2008 by the non-applicant No. 1 Ram Naresh Patel, who was engaged as a driver. The said vehicle was insured by the non-applicant No. 3 Insurance Company for the period from 29-09-2008 to 28-09-2009 vide the Insurance Policy Ex.D/1. The non-applicant No. 1 was holding a Driving Licence to drive LMV vide Ex.D/2. The alleged incident took place at 5:30 am on 01-10-2008 when the said vehicle was being driven by the non-applicant No. 1 and it dashed an unknown truck. The deceased Shabbir Mohammed Khan, who was travelling in the said vehicle, sustained severe injuries and as a result of which he died. The applicant No. 1 to 5 and Non-applicant No. 4 are the legal heirs of the deceased.