UNITED INDIA INSURANCE CO LTD Vs. NIRMALA KWATRA

JUDGEMENT

(1.) THESE are two Cross Appeals, FAO 131/1999 has been preferred by the United India Insurance Company Limited; the Insurer of the vehicle No.DEA -5703 involved in the accident. FAO 412/1999 has been preferred by Smt. Nirmala Kwatra and Ors; the Claimants before the Claims Tribunal for enhancement of compensation.

(2.) IN FAO 131/1999, Respondents No.1 to 5 are the Claimants, Respondent No.6 is the driver of the offending vehicle, Respondent No.7 is the registered owner and Respondents No.8 to 10 are stated to be the rightful owners. The dispute is with regard to the liability to pay the compensation and on the quantum of compensation.

(3.) ON the night intervening 05 -06.09.1983, S.P. Kwatra (the deceased) who was working as Commodore in Indian Navy, was proceeding to his home in Greater Kailash Enclave after attending an official meeting at Hotel Hyatt Regency. When he was passing through IIT -Mehrauli Crossing, a car No.DEA - 2703 driven by Respondent No.6 in a rash and negligent manner struck against the right middle portion of the car driven by the deceased. The deceased suffered injuries which proved to be fatal.