- (1.) SINCE these appeals have been filed against a common judgment dated 11.4.2008 passed by Motor Vehicles Accident Claims Tribunbal, Ranchi, they have been heard together and are being disposed of by this common judgment.
(2.) MA 218/2008 arose out Compensation Case No. 85/2001, M.A. 219/2008 arose out of Compensation Case No. 93/ 2001 and MA 220/2008 arose out of Compensation Case No. 53/2001. The brief facts of the case are that on 4.3.2001 at about 9.30. P.M. Bhabani Shankar Pradhan along with his mother, Manorma Pradhan and his sister Kajol Pradhan was returning from Hatia Railway Station by his own auto -rickshaw bearing registration no. BR -14P -1873. The deceased, Bhabani Shankar Pradhan was himself driving the said auto -rickshaw. When the auto -rickshaw reached near Satellite colony suddenly a Dumper bearing registration No. BR -14G -8837 being driven very rashly and negligently came from the opposite direction and dashed the autorickshaw as a result of which the driver Bhabani Shankar Pradhan, his mother and sister sustained grievous injuries. Smt. Manorma Pradhan died at the spot whereas Bhabani Shankar Pradhan was brought to the hospital where he succumbed to his injuries. One of the occupants of the auto -rickshaw, namely, Kajol Pradhan sustained grievous injuries which resulted in her permanent disablement to the extent of 50% Claim Case No. 85/2001 and Claim Case No. 93/2001 were filed by the father of the deceased and his mother whereas Claim Case No. 53/ 2001 was filed by the injured claimant Kajol Pradhan for the injury sustained by her.
(3.) THE Tribunal framed as many as eight issues and decided the same in favour of the claimants. The Tribunal held that the accident took place due to rash and negligent driving of the Dumper and, accordingly, the appellant who is the insurer of the Dumper, was directed to pay the compensation assessed by the Tribunal. Hence these appeals by the appellant -Insurance Company.;