UNITED INDIA INSURANCE CO LTD Vs. RADHA DEVI

JUDGEMENT

(1.) By this common order, it is proposed to decide the aforementioned appeals, two of which are instituted by the Insurance Company and the remaining by the legal representatives of deceased persons who died in a motor accident. All the appeals seek to assail the judgment and award of the Motor Accidents Claims Tribunal, Delhi dated 29.10.2005, whereby compensation was awarded under the Motor Vehicles Act, 1988.

(2.) The relevant facts for the decision of all the appeals are that one Shri Surender Kumar Thakur and one Shri Sada Nand Rishi Dev were run over by a truck bearing No.PB-11-H-5033, while they were engaged in construction work at the outer Ring Road near Haiderpur red light in the night intervening 22 nd and 23 rd September, 2002, resulting in the demise of both the aforementioned persons. Separate Claim Petitions were filed by the legal representatives of both the deceased persons arraying the driver, the owner and the insurer of the alleged offending truck as party respondents. Both these Claim Petitions culminated in the impugned award which is assailed by the Insurance Company as well as by the legal representatives of the deceased persons on the aspect of quantum. It is proposed to deal first with MAC. APP. Nos.159/2006 and 220-23/2006 and then with MAC. APP. Nos. 164/2006 and 348/2006. MAC. APP. No.159/2006 and MAC. APP. No.220-23/2006

(3.) Both these appeals are filed against the award of the learned Tribunal passed in MACT Suit No.108/2003 titled as 'Radha Devi and Ors. versus Sukhdev Singh and Ors.' and relate to the demise of Shri Surender Kumar Thakur. MAC. APP. No.159/2006 is filed by the Insurance Company and MAC. APP. Nos.220-23/2006 by the wife and the children of the deceased.