UNITED INDIA INSURANCE CO LTD Vs. DIWAKAR

JUDGEMENT

(1.) THESE two appeals under Section 173 of the Motor Vehicles Act, 1988 (for short the Act) are directed against the common award dated 15.3.1996 passed by the Motor Accident Claims Tribunal, Nainital (for short the Tribunal) passed in M.A.C. Petition No. 354 of 1991, Diwakar and another Vs. Smt. Sita Rani and another and M.A.C. Petition No. 356 of 1991, Shanker Pillai and another Vs. Smt. Sita Rani and another. Since both the appeals have arisen from the same motor vehicle accident, therefore, for the sake of convenience, they are being decided by this common judgment. Both the claim petitions namely M.A.C. Petition No. 354 of 1991 and 356 of 1991 were filed under Section 166 of the Act. Along with them separate petition under Section 140 of the Act in each case was also filed for interim compensation, which too have been decided along the main claim petition.

(2.) RELEVANT facts, giving rise to the present appeals, in brief, are that on 17.9.1986 at Lalpur, Rudrapur Road, within police station Rudrapur, one Manoharan was going on a bicycle. Surendra was also sitting on the carrier of the cycle with him. At about 4.30 p.m. offending truck No. U.R.N. 1495, which was being driven rashly and negligently by its driver, hit the cycle with the result Manoharan, aged 23 years, sustained fatal injuries and died at the spot, while Surendra, aged about 24 years, suffered grievous injuries in the said accident, who was taken to the hospital at Rudrapur, but he succumbed to his injuries. The autopsy on the dead bodies was conducted on 18.9.1986. An F.I.R. of the incident was lodged with the Police Station and a case under Section 279/304 of the I.P.C. was registered. Deceased Manoharan was employed on the post of Foreman in the tyre factory at Rudrapur and deceased Surendra was working as Chief Operator in Agro Company at Lalpur. Monoharan was getting Rs. 1100/ - per month and Surendra was getting Rs. 1200/ -.

(3.) LEGAL representatives of the deceased Manoharan and Surendra Pillai filed separate claim petitions for compensation of Rs. 3,50,000/ - each against the owner Smt. Sita Rani and the insurance company.