ORIENTAL INSURANCE CO LTD Vs. GOPALKRISHNA KALURAM GORKHA

JUDGEMENT

(1.) AS all the appeals arise from the common judgement and award passed by the Tribunal, they are being considered simultaneously.

(2.) THE short facts of the case are that on 5.7.1998, when the deceased were traveling in Tata Sumo bearing Registration No.GJ -6 -W -5161, while returning from Jodhpur to Ahmedabad via Palanpur, one Luxury Bus bearing Registration No.GJ -X -9477 dashed with Tata Sumo and as a result thereof, there was serious accident. The deceased sustained injuries and they ultimately succumbed to injuries. Such accident given rise to three Claim Petitions; one being MACP No.501 of 1999 for the compensation of Rs.11,00,000/ -, another was MACP No.502 of 1999 for the compensation of Rs.32,00,000/ - and the third was MACP No.505 of 1999 of Rs.25,00,000/ -. The Tribunal, at the conclusion of the claim petition awarded Rs.6,11,000/ - with interest at the rate of 7.5% in MACP No.501 of 1999, Rs.21,41,000/ - with interest at the rate of 7.5% in MACP N0.502 of 1999 and Rs.14,75,000/ - with interest at the rate of 7.5% in MACP N0.505 of 1999. It is under these circumstances, the present appeals before this Court. We may record that First Appeal No.4479 of 2007 has been preferred against the judgement and award in MACP No.501 of 1999; First Appeal No.4480 of 2007 has been preferred against the judgement and award in MACP No.505 of 1999; and First Appeal No.4481 of 2007 has been preferred against the judgement and award in MACP No.502 of 1999.

(3.) WE have heard Mr.Nair, learned Counsel for the appellant in all the appeals, Mr.H.M. Modi, learned Counsel has appeared for the respective original claimants in all the appeals, in place of Mr.S.S. Trivedi, and he states that he has already filed his appearance in the main appeals together with the civil application(s) for withdrawal of the amount, which has been disposed of and Mr.Hemant Shah, learned Counsel for the New India Assurance Company Limited Insurance Company of Tata Sumo, which is respective respondent in the connected appeals.