ORIENTAL INSURANCE CO LTD Vs. KESHAV AGRAWAL

JUDGEMENT

(1.) M . A. Nos. 208/2006, 218/2006 and M. A. No. 948/2005 are being disposed of by this common order as all three appeals arise out of same accident.

(2.) THE appellant/Oriental Insurance Company Limited is before us aggrieved and dissatisfied with the award dated 25th April, 2005 passed in Claim Case Nos. 116/2004 and 118/2004 whereby and whereunder awards have been passed awarding compensation in favour of the claimants fastening liability of payment of compensation on the appellant/Oriental Insurance Company Limited. Appellants in M. A. No. 948/2005 are the claimants in Claim Case No. 118/2004 seeking enhancement in the amount of compensation award by the 2nd Additional Motor Accident Claims Tribunal, Raigarh.

(3.) THE learned Tribunal, on a close scrutiny of the evidence led, held: the driver of the truck responsible for the accident; the Oriental Insurance Company Limited liable for payment of compensation to the claimants as deceased Suresh Shah and Vijay Kumar Agrawal were sitting in the said truck in their capacity as owners of the goods; awarded Rs. 1,32,000/ - along with interest at 9% per annum from the date of application till its actual payment to the heirs and legal representatives of the deceased - Vijay Kumar Agrawal.