D. P. S. CHAUHAN, ACTG. C. J.

( 1 ) THE order in this appeal shall govern the disposal of misc. Appeal No. 49 of 1998 (National insurance Co. Ltd. v. Maganlal Sonkar)and Misc. Appeal No. 56 of 1998 (National Insurance Co. Ltd. v. Phagni Bai), which are decided by this composite order. Insurance company has come up in appeal challenging the awards dated 29. 9. 1997 passed in Claim Case Nos. 123, 124 and 125 of 1991.

( 2 ) ON 30. 9. 1990 near about 20-25 persons were going in truck No. MPS 6389, which was duly insured with the appellant company, for immersion of idol of Goddess Durga from Thagranahar towards padampur in Durg. The truck was owned by J. J. Jaiswal and was being driven by manbodh. At about 6 p. m. when the truck reached near Uthai unmanned railway crossing, the driver of the truck in spite of being given advice not to cross the railway crossing, drove the vehicle as a result of which, while the vehicle was crossing railway gate, the speedy passenger train dashed it at the rear portion resulting in the accident wherein Raju, aged about 18 years, Ballu, aged about 15 years and radhe, aged about 45 years had sustained severe injuries and died. Their heirs and legal represe

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