ORIENTAL INSURANCE COMPANY LTD. Vs. BASANTI BAI

JUDGEMENT

(1.) Since the two appeals arise out of a common accident and the ground of challenge being common, this Court proceeds to decide the two appeals by this common judgment.

(2.) The brief facts of the case is that an accident took place on 28/9/2011 when the motorcycle bearing registration No. CG-15/8332 was driven by one Vrind Kumar Jaiswal with a pillion rider Thibhu Korva was hit by a tractor and trolley owned by the respondent No. 3 bearing registration No. CG-15/AE-0873 resulting in the death of the two persons riding on the motorcycle. The legal heirs i.e. the widow and son of the two deceased persons filed two Motor Accident Claim Case. The legal heirs of deceased Thibhu Korva filed Motor Accident Claim Case No. 77/2013 and the legal heirs of deceased Vrind Kumar Jaiswal filed Motor Accident Claim Case No. 81/2013.

(3.) Considering the entire facts and circumstances of the case and the evidence adduced before the Tribunal, the Tribunal in Motor Accident Claim Case No. 77/2013 in the case of "Basanti Bai and another v. Basant Gupta and another" passed an award quantifying the compensation payable at Rs.3,62,000.00 with interest @ 9% p.a. Likewise, in Motor Accident Claim Case No. 81/2013 in the case of "Rukhmani Bai and another v. Basant Gupta and another" the Tribunal awarded an amount of Rs.3,14,000.00 with interest @ 9% p.a. It is these two awards which is under challenge in the instant two appeals.