1987 Supreme(Raj) 530
N.M.KASLIWAL, FAROOQ HASAN
National Insurance Company – Appellant
Versus
Kastoori Devi – Respondent
JUDGMENT
1. - All the above appeals are directed against the same judgment of the learned Single Judge dated February 27, 1985, a such they are disposed of by one single order.
2. Brief facts of the case are that a motorcycle No. DHT 2547 driven by Arvind Kumar met with an accident with Truck No. RJA 2936 driven by Ram Karan and owned by Ismail and Madan Lai on October 10, 1977 at 10 am. near Mahuwa Bus-stand. Prem Prakash, Ashok Kumar and Anand Kumar were pillion riders of the motor-cycle. In this accident Prem Prakash, Arvind Kumar and Ashok Kumar died on the spot after falling from motor-cycle. The truck was insured with M/s. United India Fire and General Insurance Company and the motor-cycle was insured with National Insurance Company. Three Claim Petition Nos. 28/78, 35/78 and 36/78 were filed by the respective legal representatives of deceased Arvind Kumar, Ashok Kumar and Prem Prakash. Since all the claims related to one accident, the three claims were consolidated and one set of witnesses was examined by the trial Court. A consolidated judgment was given by the Tribunal on January 31, 1983, dismissing all the three claim petitions on the ground that no such accident happened
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