VIKRAM SINGH BISHT Vs. JUMNESH KUMAR & OTHERS

JUDGEMENT

(1.) All these appeals since have arisen out of the same accident hence, are interconnected together. So, this court takes up all of them together for adjudication by this single verdict.

(2.) Accident occurred on 06.6.2010 at around 10:00 PM when Shri Jumnesh Kumar along with his wife Smt. Reshma Rani and a minor daughter Km. Shaily, aged about 6 years, were on their scooter no. UA-07A-4197. Such scooter was dashed by the Scorpio/light motor vehicle no. UK-07TA-2153. In such accident Km. Shaily and Reshma Rani were seriously injured. Life of Smt. Reshma was somehow saved but, Km. Shaily succumbed to the injuries. So, her father instituted a claim petition no. 162/2010 claiming the compensation to the tune of Rs. 9,70,000/- for the death of his daughter while Smt. Reshma Rani instituted the MACP No. 158/2011 claiming the compensation of Rs. 10,00,000/- for the injuries suffered by her in the accident.

(3.) In the former petition, the learned Tribunal granted the compensation to the tune of Rs. 3 lakhs along with 7 % interest from the date of institution of the petition while in latter Rs. 1,50,128/- were granted along with 7 % interest. The liability was fastened primarily upon the National Insurance Company, insurer of the Scorpio but, with a right to recover such amount from the owner of the vehicle Shri Vikram Singh Bisht. Feeling aggrieved Shri Vikram Singh Bisht has presented the AO Nos. 308/2015 & 309/2015 while the insurer has preferred the appeal nos. 376/2015 & 377/2015 challenging the fastening of the liability.