UNITED INDIA INSURANCE COMPANY LTD. Vs. RADHESHAYAM

JUDGEMENT

(1.) This judgment will dispose of FAFO No.34 of 2016 and FAFO No.33 of 2016, both of which relate to the same motor accident and give rise to identical questions of facts and law. Both the appeals have, accordingly, been heard together. FAFO No.34 of 2016 shall be treated as the leading case.

(2.) In the leading appeal, the Insurance Company has challenged the judgment and award passed by the Motor Accident Claims Tribunal/ Additional District Judge, Court No.2, Sultanpur dtd. 13/10/2015, in MACP No.36 of 2014. By the award impugned, the Tribunal has held the claimant-respondents entitled to a compensation in the sum of Rs.3,54,000.00 along with simple interest at the rate of 7% per annum from the date of institution of the claim petition until realization. The liability to pay the compensation has been fastened upon the United India Insurance Company Limited, who are the insurers of the offending vehicle. The Insurance Company have, therefore, appealed the impugned award primarily seeking to unshackle themselves of the liability to indemnify the owner under the insurance policy.

(3.) In the leading appeal, the deceased is Suresh Kumar @ Lallu, who died in the fatal accident. Compensation for his death in the motor accident is the subject matter of action. The claimants are his dependents.