NATIONAL INSURANCE COMPANY LIMITED Vs. RUCHI SAH

JUDGEMENT

(1.) These two appeals from order have been filed against the judgment and award dated 20.06.2012 and 30.06.2012 passed by Motor Accident Claims Tribunal/ADJ/FTC-2nd, Nainital in MAC Case No. 82 of 2011 and MAC Case No. 83 of 2011, Ruchi Sah vs. National Insurance Company Limited whereby an award of Rs. 2,00,000/- has been awarded in favour of the claimant/respondent.

(2.) Since, both these appeals are arising out of the different awards but from the same accident, therefore, both appeals are decided by the common judgment.

(3.) Brief facts, of the case, are that on 16.01.2011 at about 2:45 P.M. Ravi Sah (father of the claimant) accompanying with his wife (Meena Sah) met an accident near Sideshwar Mandir Dhari Damora, Pithoragarh (Meena Sah) while going through his car bearing registration no. UP-80-S-5808. The said vehicle/car fell into ditch due to which father of the claimant died on the spot while mother of the claimant died subsequently due to the injuries sustained to her. The claim petitions were filed on a limited ground that the owner of the vehicle had paid the premium for an amount of Rs. 100/- to insured himself as well as Rs. 300/- for three unnamed persons. The claim petitions were opposed on the ground that since accident does not cover under the provision of Section 163 (A) and under section 166 of the Motor Vehicle Act (for short Act), therefore, the claim petitions were not maintainable. But, the learned tribunal even thereafter awarded compensation of Rs. 2,00,000/- in the favour of the claimant/respondent.