I.M.QUDDUSI, G.MINHAJUDDIN
JOY MINOCHA – Appellant
Versus
VIJAY KUMAR – Respondent
As per Hon'ble Shri I.M. Quddusi,J.:-
1. The X Addl. Motor Accident Claims Tribunal, Raipur (C.G) has passed two separate awards on 28.06.2005 in Claim Case Nos.34/2005 & 35/ 2005 respectively whereby the claim petitions of the appellants have been dismissed, against which the instant appeals have been filed. M.A. No. 1174/ 2005 relates to Claim Case No.34/2004 and M.A. No. 1175/2005 relates to Claim Case No.35/2005. Since both these appeals arise out the same accident met with Tata Sumo bearing Regn.No.M.P.23-LA/1827, they are being disposed of by this common order.
2. Brief facts of the case, in a nutshell, are that appellant no. 1 Smt. Joy Minocha was daughter of deceased persons Naresh Arora and Smt Bharti Arora. Appellants no. 2 & 3 are minor children of appellant no. 1. On 6.04.2001 the deceased persons along-with others had gone to Bastar by Tata Sumo bearing Regn.No.M.P.23-L.A/1827. On 07.04.2001 when they were coming back to Raipur, the said vehicle which was being driven by respondent no. 1 Vijay Kumar Yadav in a rash and negligent manner struck against a stationary Truck which was standing on the left side of the road, as a result of which, Naresh Arora and Bharti Aro
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