ORIENTAL INSURANCE CO LTD Vs. PALLAVIBEN HARSUKHBHAI SORATHIA

JUDGEMENT

(1.) As all these appeals arise from the common judgment and award passed by the Tribunal, that too, arising from the common accident, they are being considered simultaneously.

(2.) The short facts of the case appear to be that on 21/11/2000 when deceased Harsukhbhai Sorathia was going as pillion rider with Mulji Ladhabhai Hadiya, who was driving the scooter bearing registration No. GJW12D9171 and when they reached near Narayan Farm at about 6:00 o'clock, one Fiat car bearing registration No. GUX9594 came from the opposite direction and dashed with the scooter and also dashed with one Fiat Uno car bearing registration No. GJ12E9936. Resultantly, deceased Harsukhbhai as well as Muljibhai sustained injuries. Later on, Harsukhbhai succumbed to the injuries whereas, Muljibhai, who was driving the scooter, sustained serious injuries. The claim petitions were filed by the dependent members of family of Harsukhbhai being Motor Accident Claim Petition No. 786 of 2000 for the compensation of Rs.1 crore and by injured Muljibhai being Motor Accident Claim Petition No. 785 of 2000 for the compensation of Rs.50 lakhs. The Tribunal, at the conclusion of the proceedings, awarded Rs.45,35,000/ and Rs.16,42,500/ with interest @ 9% per annum in the respective claim petitions. It is under this circumstances, the present appeals before this Court.

(3.) We may record that there were two insurance companies, one was of the Fiat car namely The Oriental Insurance Company Ltd. and another was of Fiat Uno car, which is The New India Assurance Company Ltd. So far as The Oriental Insurance Company Ltd., the insurance company of the Fiat car, is concerned, it has preferred First Appeal Nos. 2636 of 2008 and 2637 of 2008 against quantum of compensation whereas, the New India Assurance Company Ltd., the another insurance company of Fiat Uno car, has preferred First Appeal Nos. 2901 of 2008 and 2902 of 2008 against negligence and quantum of compensation.