ORIENTAL INSURANCE CO. LTD. Vs. KIRTI

JUDGEMENT

(1.) Both these appeals arise out of a common judgment dated 24.12.2016 of the Motor Accident Claims Tribunal (Tribunal) whereby the claims of the first and second respondents in MACA 336/2017 on account of death of their mother Poonam (MACT case 235/14) and of the first to third respondents in MACA 375/2017 on account of death of Vinod (MACT case no.236/14) were decided. It may be mentioned here that the claimants in the last mentioned case include the minor children of the deceased Vinod (first and second respondents) and his aged father (third respondent).

(2.) By the impugned judgment, the claimants' case that the accident had occurred due to negligence on the part of Raj Mohan, driver of Santro car bearing no.DL-7CA-1053 (the car) was accepted. The said Raj Mohan has been one of the respondents in these proceedings, Jai Prakash the owner of the car and Oriental Insurance Co. Ltd. (appellant herein) also having been shown in the array as respondents, the last admittedly being the insurer against third party risk of the car for the period in question.

(3.) By the aforesaid judgment, the compensation in the sum of Rs. 26,57,000/- was awarded on account of the death of Poonam and similarly compensation in the sum of Rs. 14,14,000/- was awarded on account of the death of Vinod. The liability has been fastened on the insurance company (appellant) to pay the said amount with interest at the rate of 9% p.a. with effect from the date of filing of the detailed accident report (DAR) i.e. 23.05.2014 till realization.