NATIONAL INSURANCE CO LTD Vs. PUSAU RAM KURRE

JUDGEMENT

(1.) The instant three cases are being disposed of by the following common judgment since the issues involved therein are common.

(2.) The undisputed facts are that on 30.5.2002, an accident took place involving a truck bearing registration No.BR 20 E 3521. The allegation is that Pusau Ram (injured) was riding his bicycle and Sitabai (deceased) was sitting on the same. They were travelling from Village Kodebod to Village Marod. At about 12:00 noon, near Village Marod, the offending truck hit the bicycle. Both Pusau Ram and Sitabai sustained injuries and Sitabai died as a result of the injuries sustained by her.

(3.) Pusau Ram filed a claim petition, being Claim Case No.36 of 2004 for compensation. The legal heirs of deceased Sitabai, i.e., her husband Daulal and her three minor children Kumari Manisha, aged about 8 years, Master Indra Kumar, aged about 6 years and Master Manish Kumar, aged about 3 years also filed a claim petition, being Claim Case No.37 of 2004 for compensation. Both the claim cases have been decided by a common award dated 26.4.2005 by the Additional Motor Accidents Claims Tribunal, Dhamtari.