CHHATISGARH HIGH COURT
Unknown, J
Shyama Bai Verma v. Umesh Kumar
| Table of Content |
|---|
| 1. facts of the accident leading to the claim. (Para 1 , 2 , 3) |
| 2. legal principles regarding joint liability under s.140. (Para 4 , 5 , 6) |
| 3. observations about procedural delays and prioritizing claims. (Para 7 , 8) |
| 4. the appeal is allowed with costs. (Para 10) |
1. This appeal is against the order dated 26.7.2001 passed in Claim Case No. 2 of 1999 by the Motor Accidents Claims Tribunal, Bilaspur, Link Court, Pendra Road whereby the application for interim award under S.140 of the Motor Vehicles Act has been rejected on the ground that truck driver / owner have not been impleaded as party respondent.
2. Briefly stated, the facts are that on 14.6.1998 the husband of appellant No. 1, namely, Suresh Verma along with his relatives was travelling in a jeep bearing No. MP 26 E 0781 belonging to the respondent No. 1 and insured by respondent No. 3. The said vehicle met with an accident on the way near village Keonchi on account of head - on collision with an unidentified truck coming from the opposite direction. The jeep was badly damaged and Suresh Verma received serious head injuries and ultimately succumbed to the injuries on 19.6.1996. The offending truck fled from the s
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