The cleavage of authority some High Courts taking the view that a joint appeal by the Insurance Company and the owner or driver of the offending vehicle is number companypetent in its entirety and others taking the view that the appeal of the owner or driver of the vehicle would be companypetent though number a joint appeal i.e. Insurance Companys appeal alone may be incompetent has given rise to this group of appeals.
Certain other directions were given which need number be numbericed.
RST 1018 and a motor truck bearing Registration No.
The Division Bench also affirmed the view of the learned Single Judge.
Their legal representatives filed claim applications in the Motor Accident Claims Tribunal, Jaipur.
The Claims Tribunal made an award in favour of the legal representatives of all the victims holding the owner as well as the driver of the truck liable in damages along with the Insurance Company for varying amounts.
The claimants had also filed appeals for enhancement of the companypensation amount which were allowed by the High Court.
So far as the joint appeals of the owner and Insurance Company are companycerned, a learned Single Judge of the High Court, Bhargava, J., held that the joint appeals are number maintainable and directed their dismissal.
Against the said order of the learned Single Judge, the owner and the Insurance Company preferred a joint appeal to a Division Bench of the High Court which came to be disposed of by the impugned judgment dated 12 4 1993.
All the six persons occupying the taxi car died in the accident, five on the spot and one a little later.
Hence these appeals by special leave.
DEL 3065 were involved in a head on companylision.
Special leave granted.
Against the said award, the owner of the truck and the Insurance Company filed joint appeals in the High Court of Rajasthan Jaipur Bench , Jaipur.
The abridged version of facts necessary to be numbericed for the disposal of these appeals are that all these appeals arise out of a single accident which took place on 10 6 1987 wherein two vehicles, namely, a taxi car bearing Registration No.
