N.P.GUPTA, J. - (1.) THESE four appeals have been filed by the claimants, against a common judgment of the learned Motor Accident Claims Tribunal, Nohar Camp Bhadra, deciding six claim petitions. Appeal No. 153 arises out of claim petition No. 120 of 1993 which was filed for personal injuries received by the claimant Chandu, Appeal No. 154 arises out of claim petition No. 118 which was also filed for personal injury sustained by the claimant Nima. Then, Appeal No. 155 arises out of claim No. 123 of 93 which was filed by the legal representatives of Smt. Badami on account of death of Smt. Badami, and Appeal No. 156 arises out of claim petition No. 124 which was filed by legal representatives of Raji Ram on account of death of Raji Ram.
(2.) THE necessary facts of the case are, that all the victims were travelling in goods vehicle No. HR 20/B/357. According to the claim petitions when this vehicle reached near Patwa Bus Stand, the driver tried to overtake another goods vehicle RJ 13/G -674, by driving it rashly and negligently, and in that process it dashed against truck No. RJ 13/1148, coming from the opposite side, as a result of which two persons died as above, and other persons were injured. Reply was filed on behalf of owner and driver, contending that the victims were not travelling in the said goods vehicle No. 357, and they have nothing to do with the accident. It was also pleaded that his vehicle was hired by Badami and Raji Ram deceased, for carrying on some dowry goods, and in the process when the vehicle was going, vehicle No. RJ 13 G -674 tried to overtake vehicle from the left hand side i.e. wrong side, and in that process severely hit the truck No. 357, pushing it on the wrong side, and in that process truck No. 357 hit against vehicle No. 1148, coming from opposite direction. It was pleaded that driver tried his best to avert the accident unsuccessfully.
(3.) THE insurer also filed reply, contending that it has not been pleaded in the claim petition, as to in what capacity occupants were travelling in the vehicle, but it appears that they were travelling as passengers, while the vehicle was not authorized to carry passengers. Various other grounds have been taken, and the liability of the insurer was denied.;