ORIENTAL INSURANCE COMPANY LIMITED Vs. KESHAV RAM

JUDGEMENT

(1.) All these three appeals pertain to the same accident, hence are being adjudicated by this common judgment, more so, because the evidence and the facts, as have been highlighted by the Tribunal/District Judge, Champawat in judgment dated 15.05.2009 (under challenge in A.O. nos.265/2009 and 280/2009) and those, as have been highlighted in the judgment of the Tribunal/District Judge, Champawat, dated 22.03.2012 (under challenge in A.O. no.149/2012), are so intermingled together as to warrant the fitness for adjudication together.

(2.) Marshal Jeep no.UP25-8921 driven by Mr. Tajamul, and jeep no.UP03-3382 driven by Mr. Mohd. Zubaid, dashed from in front. As the result of this accident, Keshav Ram, boarded in Jeep no.UP03-3382, was seriously injured inasmuch as his admission to the nursing home and the higher medical hospital and ultimately, resulted into his right leg amputation with 80 percent disability certificate.

(3.) On the other hand, one Mukesh Chandra, who was a passenger in jeep no.UP25-8921, was also injured to some extent. Jeep No.UP03-3382 was owned by Bhuwan Chandra Bhatt. When the claim petitions were tried and adjudicated by the Tribunal, manned by two different judges, Mr. Keshav Ram was awarded the total compensation to the tune of Rs.6,42,800/- accepting his 80% disability, as has been stated above, while injured Mukesh Chandra was awarded compensation to the tune of Rs.32,404/-. Both the Judges of Tribunal held that since the accident occurred on account of rash and negligent driving of driver Mr. Mohd. Zubaid, and he was driving the same without having any valid driving licence and all the more, without having any permit. So, the entire responsibility to pay compensation was fastened upon the vehicle owner Bhuwan Chandra Bhatt, but instantly, the Oriental Insurance Company was directed to pay compensation to Keshav Ram with a right to recover the same against Bhuwan Chandra Bhatt. With the facts, as have been stated above, Oriental Insurance Company has challenged the award in Appeal No. 265 of 2009 seeking its exoneration at all from any liability to pay while Sri Bhuwan Chandra Bhatt has preferred two Appeals bearing No.280/2009 and 149/2012, seeking his absolvere from any liability to pay.