KASHMIR SINGH Vs. SANTOSH SINGH PATINER

JUDGEMENT

(1.) SINCE these Appeals are arising out of the same accident which occurred on 29.08.2004, such as, the appeals are being decided by the common judgment.

(2.) THESE appeals, under Section 173 of the Motor Vehicles Act, 1988 have been filed by the claimants for enhancement of the award dated 30.05.2005 passed by the Motor Accidents Claims Tribunal/Additional District Judge/IInd F.T.C., Udham Singh Nagar (hereinafter referred as 'Tribunal) in M.A.C.P. Nos. 62/2004 (A.O. No. 393 of 2005) and 61/2004 (A.O. No. 395 of 2005) whereby the learned Tribunal had awarded a sum of Rs. 20,000/ - in M.A.C.P. No. 62 of 2004 (A.O. No. 393 of 2005) and Rs. 17,500/ - in M.A.C.P. No. 61 of 2004 (A.O. No. 395 of 2005) respectively as compensation against the respondent No. 2 -Oriental Insurance Company Ltd. with interest @ 6% per annum from the date of filing of the claim petitions.

(3.) BRIEF facts of the case are that the claimants -Kashmir Singh and Sri Mohan Singh had filed a claim petition Nos. 62/2004 (A.O. No. 393 of 2005) and 61/2004 (A.O. No. 395 of 2005) respectively before the learned Tribunal for compensation of Rs. 7,00,000/ - each alleging therein that on 29.08.2004 when they were travelling in Tata Sumo bearing No. DL4CE 1488 from Rudrapur Court, an offending Tanker bearing No. HR 46/3055, which was being driven rashly and negligently by its driver, hit the Tata Sumo near Panchakki. The claimants sustained serious injuries on account of accident. It was further alleged that they had made an expenditure of a sum of Rs. 2,00,000/ - each towards their medical treatment. Hence, the claim petitions had been preferred by the appellant -injured before the Tribunal.