ORIENTAL INSURANCE COMPANY LTD. Vs. PARMESHWARI AND ORS.

JUDGEMENT

(1.) Both the appeals are being tried and decided together by this common order as they are arising out of the same accident and similar facts are involved. The M.A. No. 512/2004 is preferred by Insurance Company against the liability fastened on the Company and the another M.A. No. 589 of 2004 is by the claimants for enhancement of the award.

(2.) No representation is made on behalf of Biharilal and Baliram, owner and driver of the offending vehicle.

(3.) The brief facts of the case, as pleaded by the claimants, are that on 17th November, 2001, the deceased Ramfal was travelling in a vehicle Metador bearing No. M.P.-26/D-5500, going from Champa to Akaltara. The vehicle which was being driven by Baliram in a rash and negligent manner met with an accident and turned turtle and thereby Ramfal died on the spot. The incident was reported to the police. It was stated that the deceased was working on the post of Peon in the Electricity Department and was getting a salary of Rs. 8,281 per month. The owner of the vehicle was Biharilal and the vehicle was being driven by Baliram and was insured with the Oriental Insurance Company.