ANIL KUMAR ANAND Vs. SUNE PAL AND OTHERS

JUDGEMENT

(1.) These two appeals arise out of common judgment of the motor accident claims tribunal rendered on 11.07.2007 on two separate but connected claim cases, they being suit nos. 646-47/1998. The appellant Arun Anand (MAC Appeal no. 436/2008) is wife of the other appellant Anil Kumar Anand (MAC appeal no. 435/2008). Both of them were moving on a two wheeler scooter bearing no. HR 29E 6105 (the scooter), driven by the latter with the former sitting on the pillion, on 12.08.1997, moving from their residence in Faridabad to Ashram Chowk in Delhi. The scooter had reached near Saini Nursery close to Central Road Research Institute (CRRI) at Mathura Road where it was hit from behind by bus bearing registration no. DL 1P 1856, the said bus being insured against third party risk for the period in question with the third respondent (insurer). In each of the two claim cases, the driver, owner and insurer of the bus were impleaded as parties with the pleadings that the accident had occurred due to negligent driving of the bus.

(2.) The tribunal, after inquiry, upheld the above-said contention, finding a case made out for compensation to be awarded on the principle of fault liability. The said finding has attained finality as it was not challenged by any of the respondents.

(3.) In the accident, both the appellants had suffered injuries. The tribunal awarded Rs. 62,518/- as compensation in favour of Anil Kumar Anand and Rs. 19,440/- as compensation in favour of Arun Anand. Noticeably, the compensation in the two cases included Rs. 20,000/- and 10,000/- respectively towards pain & suffering and mental agony.