ORIENTAL INSURANCE COMPANY LIMITED Vs. GITANJALI SHARMA

JUDGEMENT

(1.) These appeals arise out of same accident and hence decided by this common judgment .

(2.) F.A.F.O. No. 3288 of 2007 is preferred at the instance of Oriental Insurance Company. The F.A.F.O. No. 3442 of 2007 is preferred at the instance of claimants, who are dissatisfied with the compensation awarded by the Tribunal in impugned award dtd. 20/8/2007 of Motor Accident Claims Tribunal/Additional District Judge, Court Room No.2, Allahabad in M.A.C.P. No. 564 of 2000 (Smt. Gitanjali Sharma and others Vs. Sant Kumar and others).

(3.) The brief facts as narrated in the Claim Petition No. 564 of 2000 are that Swami Nath Sharma (deceased) S/o Late Sri Salig Ram Sharma resident of 98/1-H, Himmatganj, Allahabad was traveling along with Vijay Shyam (Ardali) by the Jeep No. UGP/7448, driven by Sri Ramesh Kumar from Pratapgarh to Bhopiamau for government work on 13/2/2000 when at 7.30 PM. a truck bearing no. UP 42B 0251, driven by its driver rashly and negligently was plied ahead of the Jeep and all of sudden the driver stopped the Truck in the middle of the road whereby the jeep 'collided' with truck resulting in the death of Swami Nath on the spot. Swami Nath Sharma was 46 years 8 months and 12 days old. He was government servant posted as district non-formal education officer at Pratapgarh and he was getting monthly salary of Rs.18879.00. after his death he left his widow, his mother, two brothers and two sons of brother.The fir of accident was lodged with the police station Kotwali Nagar, which was registered on Case Crime No. 85 of 2000, under Ss. 279, 338, 304A IPC against the unknown truck driver of Truck No. UP 42B 0251. The owner of the truck was Sant Kumar and Ram Babu i.e. opposite party nos. 1 and 2; while the jeep was driven by Ram Phakirey opposite party no.3. The offending truck and jeep were insured by the Oriental Insurance Company Limited, that is opposite party nos.4 & 5. Hence, compensation of Rs.88,06,139.00 was claimed by the claimants.