ORIENTAL INSURANCE COMPANY LTD Vs. POONAM KUJUR

JUDGEMENT

(1.) As both these appeals arise out of the separate award dtd. 2/7/2014 passed by Third Additional Motor Accident Claims Tribunal, Ambikapur Sarguja (CG) in Claim Case No. 129 of 2012 and Claim Case No. 152 of 2012, they are being disposed of by this common judgment.

(2.) As per averments made in the Claim Petitions, on 9/3/2012 deceased persons namely Sonu Kujur (in Claim Case No. 129 of 2012) and Tejuram (in Claim Case No. 152 of 2012) were returning from village Karjee by motorcycle, at that time motorcycle was being ridden by Tejuram and Sonu Kujur was the pillion rider of the same. When they reached village Kanthi, non-applicant No.1, driver & owner of the offending vehicle Bolera Pickup-Van bearing registration No. CG15/AC/1404, which was insured with non-applicant No.2, the driving the said Pickup-Van in a rash and negligent manner, dashed the motorcycle. As a result thereof, both Tejuram and Sonu Kujur died on the spot.

(3.) On Claim Petitions being filed by the Claimants under 166 of the Motor Vehicles Act, 1988, the Tribunal considering the overall evidence on records by the impugned awards granted a total compensation of Rs.5,26,000.00 with interest @ 6% per annum from the date of application till realization in favour of the Claimants in Claim Case No. 129 of 2012 and Rs.5,26,000.00 with interest @ 6% per annum from the date of application till realization in favour of the Claimants in Claim Case No. 152 of 2012. In view of the decision of three Judges Bench of Supreme Court in case of National Insurance Company Limited Vs. Sawarn Singh and Others, SLP (Civil) 9027/2003 decided on 05/01/2004, the Tribunal has fastened the liability on non-applicant No.2/Insurance Company directing to pay the awarded sum to the Claimants in both claim petitions within a period of two months from the date of awards and then recover it from non-applicant No.1/driver & owner.