THE NEW INDIA ASSURANCE CO. LTD. Vs. MANWATI AND 14 OTHERS
LAWS(RAJ)-2003-4-92
HIGH COURT OF RAJASTHAN
Decided on April 04,2003

THE NEW INDIA ASSURANCE CO. LTD. Appellant
VERSUS
MANWATI AND 14 OTHERS Respondents

JUDGEMENT

Harbans Lal, J. - (1.) All these appeals under Section 173 of the Motor Vehicles Act, 1988 (here-in-after called in short 'the Act') are directed against the common award dated 31.3.1995 the learned Judge, Motor Accident Claims Tribunal, Bharatpur (here-in-after referred to in short 'the Tribunal') and common questions of facts and law are involved in these appeals, therefore, these appeals have been heard together and are being decided by this common judgment:
(2.) The relevant facts in short are that on 7.1.1992, 5-6 men and 10/11 women were going from Suti to Beri in a trolly attached to tractor No. RRD 6214 to pay condolences. It was being driven by Rewati who was also the owner of the tractor. The tractor was insured with the appellant. When it reached in between village Lulhara and Dehra Mod.on the National Highway, it turned turtle at about 12.30 p.m. due to rash and negligent driving on the part of its driver. The persons travelling in the trolly sustained injuries out of whom Pitam @ Pitamber, Diwani, Jugli and Premwati succumbed to the injuries and in all 13 claim petitions were filed before the Tribunal which were consolidated vide order dated 2.2.1994. After framing of necessary issues stemming from the pleadings of the parties and recording of evidence produced on both the sides and hearing the parties, the claim petitions were decided by a common judgment and award on 31.3.1995. The appellant being aggrieved by the said award has preferred 13 appeals and two appeals have been filed on behalf of the claimants for enhancement of the amount of compensation awarded by the Tribunal.
(3.) The Claim Cases No. 41/92, 73/92, 74/92 and 75/92 have been filed by the heirs and dependents of deceased Pitam @ Pitamber, Mst. Diwani wife of Prahlad. Mst. Jugali wife of Hakim Singh and Premwati wife of Sahab Singh respectively.;


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