ORIENTAL INSURANCE COMPANY LTD Vs. BABBO & OTHERS

JUDGEMENT

(1.) Both these appeals titled above have arisen out of the same judgment and order dated 2.12.2015 and the learned Counsel of the parties have extensively been heard by this Court at the stage of admission itself, hence are being adjudicated finally as herein below.

(2.) The accident, as claimed, occurred on 30.5.2003 at 4 PM when the deceased Maksood Hussain, aged about 34 years, was travelling on his motorcycle no. UP21-L-0237, he was dashed by another motorcycle borne youth Mr. Pawan Arora, who was allegedly travelling on his own motorcycle no. UP04-B-5461. This accident occurred on Thakurdwara-Kashipur Road within the territorial jurisdiction of Police Station Thakurdwara and the FIR was lodged by Jabar Khan, brother of the deceased, on 1.6.2003 in the Police Station Thakurdwara. Maksood Hussain became bitterly injured in the said accident and he breathed his last while being shifted to the hospital.

(3.) The claim petition no. 367/2011 was instituted on 11.10.2011, i.e. almost after eight and half years of the accident, by the dependants of Maksood Hussain claiming compensation of rupees ten lakhs, whereagainst the Tribunal granted Rs. 4,70,000/-.