Anil Kumar, J. - (1.) HEARD Sri A.S. Parmar learned Counsel for the petitioner, Sri Rakesh Srivastava, learned Standing Counsel and Sri U.P.S. Kushwaha learned Counsel for National Insurance Company limited.
(2.) WITH the consent of learned Counsel for the parties, both the writ petitions are clubbed together and are being decided by a common judgment as the common question is involved in both the writ petitions. In brief the facts, as submitted by the learned Counsel for the petitioner, are that on 8.3.1999, an accident had taken place near village Mahuli district Sitapur in which truck having registration No. U.S.X. 6417 was involved owned by the petitioner Sri Surendra Singh.
(3.) AS a result of the said accident, two claim petitions were filed, first, Claim Petition No. 249 of 1999 (Ashok Kumar v. Surendra Singh and Ors.) wherein the claimant Ashok Kuamr had inter alia pleaded that on the date of accident i.e. on 8.3.1999 due to rash and negligent driving of the driver of the truck no U.S.X. -6417 (hereinafter referred to 'truck') an accident had taken place as a result of which he suffered grievous injuries and hospitalized for treatment so a huge amount had been expended on his treatment, for getting compensation, the aforesaid claim petition was filed. In the claim petition, National Insurance Company Limited Branch Eye Hospital Road, District Sitapur, insurer of the vehicle was impleaded as one of the respondent.;