NATIONAL INSURANCE COMPANY LIMITED Vs. BISAHIN BAI

JUDGEMENT

(1.) As both these appeal filed by Insurance Company/non-applicant no.3 arise out of the award dated 03.12.2013 passed by the Additional Motor Accident Claims Tribunal (FTC), Rajnandgaon, C.G. in Claim Case No.19/2012 (MAC No.746/2014) and Claim Case No.21/2012 (MAC No.745/14), involving the same vehicle, they are being disposed of by this common judgment.

(2.) As per averments in the claim petitions, on 23.11.2011 the deceased Lomendra, aged about 27 years, earning Rs.9,000/- per month, as Driver and deceased Guman, aged about 47 years, earning Rs.6000/- per month, as Labour, died in the motor vehicular accident caused due to rash and negligent driving of Pickup bearing no. CG04-Z-0987 by non-applicant No.1/respondent no.5. At the time of accident, the offending vehicle was also owned by non-applicant no.2/respondent no.6 and insured with non-applicant no.3/appellant herein.

(3.) On claim petition i.e. Claim Case No.21/12 being filed by the claimants i.e. widow mother and children of against the death of Guman Singh u/s 166 of the Motor Vehicles Act claiming compensation of Rs.19,83,000/- under various heads, the Tribunal considering the evidence led by the parties, by the impugned award granted a total compensation of Rs.3,67,000/- with interest @ 6% p.a from the date of application till its realization, fastening the liability on Insurance Company/nonapplicant no.3 jointly and severally along with non-applicant nos. 1 & 2. On claim petition i.e. Claim Case No.19/12 being filed by the claimant i.e. father against the death of Lomendra u/s 166 of the Motor Vehicles Act claiming compensation of Rs.39,93,000/- under various heads, the Tribunal considering the evidence led by the parties, by the impugned award granted a total compensation of Rs.4,33,000/- with interest @ 6% p.a. from the date of application till its realization, fastening the liability on Insurance Company/non-applicant no.3 jointly and severally along with non-applicant nos. 1 & 2.