SANDHYA VAISH Vs. NEW INDIA INSURANCE COMPANY LTD.

JUDGEMENT

(1.) Since the common question of facts and law are involved in both the revisions, therefore, they are being heard together and decided by a common judgement.

(2.) These revisions have been filed challenging the orders dated 01.03.2008 and 19.04.2008 whereby Applications No.22C of 2003 and 23C of 2003 for reviewing the awards dated 06.03.2003 passed in Motor Accident Claim Petitions No.135 of 1994 and 136 of 1994 have been rejected.

(3.) The facts in nutshell are that Vinod Kumar Vaish, husband of revisionist no.1 and father of revisionist no.2 of civil revision no.40/08 and Arun Kumar Vaish, husband of revisionist no.1 and father of revisionists no.2 to 4 of civil revision no.70/08, met with an accident while travelling in Maruti Van No.DDD-3903 which collided with Truck No.URA-4735 coming from opposite direction. Three persons including Vinod Kumar Vaish and Arun Kumar Vaish died on the spot and four persons received injuries. FIR of the said occurrence was lodged at Police Station-Malihabad by Parmeshwar, Gram Pradhan of the village. Thereafter claim petitions were preferred before the Motor Accidents Claims Tribunal, which were registered as Claim Petitions No.135 of 1994 and 136 of 1994. The matter was adjudicated by the Tribunal and an award of Rs. 2,00,000.00was made in favour of revisionist no.2 and Rs. 1,50,000.00 in favour of revisionist no.1 of civil revision no.40/08 and Rs. 1,00,000.00 to revisionist no.1 and Rs. 1,40,000.00 to each of the revisionists no.2 to 4 with interest at the rate of 9% p.a. but no interest was awarded from the date of filing of the claim petition till pronouncement of the judgment.