ORIENTAL INSURANCE CO. LTD. Vs. HEMRAJ AND ORS.

JUDGEMENT

(1.) Both these appeals arise out of the common judgment rendered by the motor accident claims tribunal (the tribunal) on 05.03.2013 deciding two claim cases registered under Ss. 166 and 140 of Motor Vehicles Act, 1988 (MV Act) as suit Nos. 405/2011 (2009) and 392/2011 (2008) on account of injuries suffered by Hem Raj (first respondent in MAC Appeal No. 528/2013) and the death of Mohan Singh son of Tilak Singh @ Tilwa Karki and Dhana Karki (first and second respondents in MAC Appeal No. 536/2013). The injuries had been suffered by Hem Raj and Mohan Singh (who died as a result) in a motor vehicular accident that occurred in the morning of 23.5.2008 involving collision between Eicher Truck bearing DL 1M 1450 ("Eicher Truck") and motor vehicle described as dumper bearing registration No. UP 17B 9596 ("dumper"), at a place near petrol pump, opposite Haldi Ram outlet on Mathura Road, New Delhi. It is now beyond dispute that Eicher truck was driven by deceased Mohan Singh with injured Hem Raj (deployed as cleaner on the said vehicle) travelling in it. The Dumper, on the other hand, was under the control of Mohd. Vakil (the driver), it being owned by Rambir Singh (the owner) who were impleaded as first and second respondents respectively in the claim petitions that were presented. The dumper concededly was insured against third party risk with the appellant insurance company for the period in question.

(2.) It was alleged by the claimants in the two petitions brought before the tribunal that the accident had occurred due to negligence on the part of the driver of the dumper as he had left it stationary in the middle of the road without any caution sign or use of dipper or any other means. The Eicher truck had admittedly hit against the dumper from behind.

(3.) The tribunal, upon inquiry, awarded compensation in the case of injuries suffered by Hem Raj in the sum of Rs. 67,45,640/ - with interest @ 9 % per annum from the date of filing of the petition (10.12.008) till realization. On the other hand, in the case of death of Mohan Singh, compensation in the sum of Rs. 12,74,184/ - was awarded with interest @ 9% per annum from the date of filing of the petition (4.7.2008) till realization.