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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RADHAKISHAN AGRAWAL
United India Insurance Company Limited – Appellant
Versus
Santosh Kumar, S/o Parasmal Jain – Respondent
JUDGMENT :
RADHAKISHAN AGRAWAL, J.
1. Since all above captioned appeals arise out of the same accident that occurred on 02.04.2011, therefore, they are being heard together and disposed of by this common judgment.
2. As per averments in claim petitions, on the fateful day of 02.04.2011 at 3:30 pm, the deceased Jagendrapal and Murariram along with other passengers were travelling in the Maruti Car 800 bearing registration CG/04/B/7418 (for short, the offending vehicle) and were going to village Naargaon, as soon as the the said car reached to Dhamtari road between the villages Jagtara and Jamruva, Non- applicant No.1 – Santosh Kumar Jain drove the same in a rash and negligent manner, due to which, the said car overturned, as a result of which, the passengers including Jagendrapal received serious injuries whereas Murariram has died, however, Jagendrapal was referred to Government Hospital, Daundi and then to B.S.P.Hospital, Sector-9 and ultimately he was referred to Shahid Hospital Dallirajhara where he died on 12.06.2011 during course of treatment.
3. Owing to death of Jagendrapal, his legal heirs, i.e., wife Smt. Seema, minor daughter Khushabu and parents, had filed a claim petition u
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