- (1.) All the above mentioned connected appeals arise out of a common accident which occurred on 21.01.2006. The said accident occurred when the driver of the Vehicle No. UP 34-C-8039 lost control of the vehicle and after hitting some persons standing on the side of the road turned turtle and two persons standing on the side of the road and some persons sitting on the vehicle died.
(2.) Following claim petitions were filed before the learned Motor Accident Claim Tribunal Lucknow, seeking compensation for death of the victims of the accident: (i) Claim Petition No. 53/2006, Manohar Lal and others Vs. Smt. Vimla Rani Chaurasia and another, was filed by the heirs and L.R's seeking compensation for death of Late Smt. Ram Dulari, who was travelling in the vehicle. Learned Tribunal awarded compensation of Rs.1,64,500/- and imposed the liability on the opposite party no.1- Vehilce owner. Further, the learned Tribunal dismissed the claim petition, against the opposite party no.2 insurer of the vehicle. The claimants assailed the said judgment and order/award dated 31.10.2009 by means of FAFO No.83/2010. (ii) Claim Petition No. 55/2006, Pankaj Kumar Mishra and others Vs. Smt. Vimla Rani Chaurasia and another, was filed by the children of the deceased, Late Dinesh Kumar Mishra, who was standing on the side of the road, was hit by above vehicle. Learned Tribunal imposed, the liability to pay compensation of Rs. 2,60,500/-, on the Insurance Company and also granted the right to recover from the opposite party no.1 vehicle owner. The claimants assailed the said judgment and order/award dated 31.10.2009, by means of FAFO 84/2010. (iii) Claim Petition No. 52/2006, Pankaj Kumar Mishra and others vs. Smt. Vimla Rani Chaurasia and another, was filed by the children of the deceased Late Prakashini Devi Mishra, who was standing on the side of the road and was hit by the above vehicle. Learned Tribunal has awarded the compensation of Rs.1,64,500/- and directed the opposite party no.2 insurance company to pay the same, and recover the amount from opposite party no.1-vehicle owner. The claimants assailed the said judgment and order/award dated 31.10.2009, by means of FAFO No.85/2010. (iv) Claim Petition No. 51/2006, Smt. Sudha Shukla and others vs. Smt. Vimla Rani Chaurasia and Anors, was filed by the widow and children of Late Shiv Ratan Shukla, who was traveling in the aforesaid vehicle. Learned Tribunal awarded compensation of Rs.3,29,500/- and imposed the liability on the opposite party no.1- vehicle owner. The claimants challenge the said judgment and order/award dated 31.10.2009, by means FAFO No.86/2010. (v) Claim Petition No. 57/2006, Ram Kumar Awasthi and another vs. Smt. Vimla Rani Chaurasia and another was filed by the parents of the deceased Late Ashish Kumar Awasthi, who was traveling in the above vehicle. The Tribunal awarded compensation of Rs.1,74,500/- and imposed the said liability on opposite party no.1 vehicle owner. The claimants assailed the said judgment and order/award dated 31.10.2009 by means of FAFO No.145/2010.
(3.) The learned Tribunal has held that the insured vehicle was being plied in breach of the insurance policy and the victims mentioned in Claim Petition Nos. 51/2006, 53/2006 and 57/2006, were traveling as gratuitous passengers. Thus, in Claim Petition Nos.51/2006, 53/2006 and 57/2006, the learned Tribunal, imposed the liability to pay compensation on opposite party no.1- vehicle owner. Further, since the Tribunal observed that the insured vehicle was being plied in the breach of insurance policy, and the victims mentioned in Claim Petition Nos. 52/2006 and 55/2006, were hit by such vehicle, therefore, the right to recovery from the opposite party no.1 vehicle owner, was granted to the opposite party no.2 insurance company, after paying the compensation to the claimants.;