B.A.KHAN, SHAMBHOO SINGH
NATIONAL INSURANCE CO. LTD – Appellant
Versus
MAINABAI – Respondent
( 1 ) THIS judgment shall govern the disposal of M. A. Nos. 699 of 1997 (Claim Case No. 160 of 1994), 700 of 1997 (Claim Case No. 10 of 1997), 701 of 1997 (Claim Case No. 158 of 1994), 702 of 1997 (Claim Case No. 159 of 1994), 709 of 1997 (Claim Case No. 157 of 1994), C. Rev. Nos. 961 of 1997 (Claim Case No. 12 of 1997), 963 of 1997 (Claim Case No. 9 of 1997) and 965 of 1997 (Claim Case No. 11 of 1997) filed by the insurance company as they arise out of the same accident and common question of law and facts arise therein.
( 2 ) FACTS leading to these misc. appeals and civil revisions are that on 2. 4. 92 Asha, her husband Natwarlal, Vimla, Baby Pinki, radheshyam, Kanhaiyalal, Bharatsingh and others were going from Neemuch to mandsaur travelling in jeep No. MPM 1635. Near village Thadod, truck No. CPV 5577 belonging to non-applicant Sudhabai, driven by non-applicant Ranveersingh and insured with the appellant came from opposite direction in a rash and negligent manner at a high speed and dashed against the jeep as a result of which Asha, natwarlal, Vimla and Baby Pinki died and other persons got injured. The injured and the legal representatives of the deceased pe
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