BAJAJ ALLIANZ GENERAL INSURANCE CO LTD ; ROOP SINGH CHAUHAN Vs. SANT RAM & OTHERS; SAVITA RAWAT & OTHERS; CHAMKO DEVI & OTHERS

JUDGEMENT

(1.) Since, all the above-titled six appeals challenge the different judgments rendered on a common date 24.8.2009 by the Tribunal pertaining to the same accident; albeit the claimants are different but the vehicle owner and insurer are also the same, so, these are being adjudicated by this Court all together by this single verdict.

(2.) The accident occurred on 9.4.2008 at 11:40 A.M. when the Utility vehicle bearing No.UA07-J-4231 (goods carriage) while travelling in the hilly roads fell down deep in the Tons river taking the toll of life of 3 passengers therein, namely, Swaraj, Maru and Ran Singh besides causing damage to the vehicle itself. The dependents of deceased filed different petitions before the Tribunal which were decreed for different awards as per their merits but learned Tribunal exclusively fastened the liability upon the insurance company to make payment only up to the extent of Rs.80,000/- in each award immediately and rest of the amount, though was payable by the insurance company, but since the liability was fastened upon owner of the vehicle, hence recoverable rights were extended to the insurer from such owner.

(3.) The accident and death of the afore-named persons has not been disputed. Herein, three appeals have been preferred by the insurance company challenging the award, asking the insurer to make whole payment of all the awards but with the recoverable rights.