NATIONAL INSURANCE COMPANY LTD. Vs. KUNJU BAI SAHU

JUDGEMENT

(1.) This order shall govern the disposal of all the six appeals (M.A. Nos. 49, 83, 50, 84, 52 and 82 of 2002) as all these appeals have arisen out of the common award dated 10th October, 2001, passed by the First Additional Motor Accident Claims Tribunal, Rajnandgaon (for short 'the Tribunal'), in three Claim Case Nos. 157, 158 and 159 of 2001, arising out of the one accident, occurred on 23-6-1996. As per the averments made in above three claim cases, on 23-6-1996 due to rash and negligent driving by the respondent No. 1 (Parmanand) the truck, bearing registration No. M.P. 24-C/1028 was turned turtle near village Chiklakasa. In that accident Mohanlal, Bhagbali and Dayaram, who were sitting as Cooli in the offending vehicle, succumbed to the injuries sustained by them. The offending vehicle was owned by the respondent No. 2 (Nohar Lal Sinha) and it was insured by the National Insurance Company for the period 13-1-1996 to 12-1-1997.

(2.) Claimants Kunju Bai Sahu and others filed Claim Case No. 158/2001, under Section 166 of the Motor Vehicles Act, 1988 for award of Rs. 9,24,000/- as compensation for the death of Bhagbali Sahu, wherein total compensation of Rs. 1,77,000/- has been awarded by the Tribunal. The M.A. No. 49/2002 has been filed by the Insurance Company, whereas the MA. No. 83/2002 has been filed by the claimants for enhancement, challenging the impugned award dated 10th October, 2001 passed in Claim Case No. 158/2001.

(3.) Claimants Usha Bai and others filed Claim Case No. 159/2001 under Section 166 of the Motor Vehicles Act, 1988 for award of Rs. 10,08,000/- as compensation for the death of Daya Ram Sahu, wherein total compensation of Rs. 1,77,000/- has been awarded by the Tribunal. The M.A. No. 50/2002 has been filed by the Insurance Company, whereas the M.A. No. 84/2002 has been filed by the claimants for enhancement, challenging the impugned award dated 10th October, 2001 passed in Claim Case No. 159/2001.