TARA SHARMA Vs. NEW INDIA ASSURANCE CO.LTD.

JUDGEMENT

(1.) These three Appeals arise out of a common judgment dated 27.11.2008 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) in Suit No.313/2008 titled Ajay Popli v. New India Assurance Company Limited & Ors. and Suit No.319/2008 titled Smt. Tara Sharma & Ors. v. New India Assurance Company Limited & Ors.

(2.) Mac APP. 185/2009 is for enhancement of compensation preferred by the legal heirs of the deceased Naveen Chandra Sharma whereas MAC APPs.236/2009 and 328/2009 have been preferred by the New India Assurance Company Limited (the Insurance Company) on the ground that although the driving licence No.7620 held by the respondent Bachan Singh, the driver of the offending vehicle was found to be fake, the Claims Tribunal still made the Insurance Company liable to pay the compensation.

(3.) On 18.08.1999 at about 12:40 P.M. the deceased Naveen Chandra Sharma and Ajay Popli were driving on a two wheeler No.DL-7SC-4131. The two wheeler was being driven by Naveen Chandra Sharma (the deceased) while respondent (the claimant) Ajay Popli was sitting on the pillion. When the two wheeler reached near Todapur Picket, a bus No.DL-1P-6097 being driven by Bachan Singh in a rash and negligent manner came on the wrong side and collided against the two wheeler. Ajay Popli and Naveen Chandra Sharma suffered injuries. The injuries suffered by Naveen Chandra Sharma proved to be fatal. Two separate claim petitions were filed, that is, one by injured Ajay Popli (Suit No.313/2008) and the other (Suit No.319/2008) by the legal representatives of the deceased Naveen Chandra Sharma.