- (1.) Since these three misc. appeals relate to common award dated 15-9-2005 passed by Judge, Motor Accident Claims Tribunal, Jhalwar in MACT cases Nos. 295/2004, 296/2004 and 297/2004, they are being disposed by this common judgment.
(2.) The facts have been set out of in the impugned judgment and hence I am not repeating the same here except wherever necessary.
(3.) Facts in brief are that on 19-10-2004 claimant Sonu, Smt. Anokha Bai were going on motor-cycle along with deceased Chhotu Lal, the father of Sonu and husband of Smt. Anokha Bai to Chatawa. The deceased Chhotu lal was driving the motor-cycle. When they reached near the Simalkhedi, their motor-cycle collided with the tractor along with trolley, which caused injuries to Sonu and Smt. Anokhi Bai and Chhotu Lal died on the spot. The number of tractor was RJ 17 E 1120. Bajranglal was the driver of the tractor trolley and Bhanwarlal was the owner of the tractor trolley who died before the accident and the legal heirs of the deceased Bhanwarlal had not informed the insurance company about the death of Bhanwar Lal. On these allegations claimants filed three different claim petitions. The tractor owner filed separate reply to the claim petitions and denied the accident. The appellant Insurance Company filed the reply and denied the allegations and also pleaded that the driver of the tractor was not having valid license and this fact was known to the owner of the tractor thus there was breach of the conditions of the insurance policy. It was also pleaded that the tractor was not insured with it. It was also pleaded that the deceased driver of the motor-cycle was also not having the valid license and as such the claimant had no right of any compensation. On the basis of the pleadings of the parties 4 issues were framed including that of relief. Both the parties led evidence oral as well as documentary. After hearing the parties the MACT vide its judgment dated 15-9-2005 decided the issues 1 and 2 in favour of the claimants and issue No. 3 against the appellant insurance company awarding compensation to the claimants.;