NEW INDIA ASSURANCE CO. LTD. Vs. SOBHA DEVI

JUDGEMENT

(1.) Both the present appeals have been filed by the appellant-insurance company under Section 173 of the Motor Vehicles Act, 1988, against the different Judgments and orders dated 1.4.2006 passed by the Motor Accident Claims Tribunal, Sitapur in Claim Petition No. 321/2002. Smt. Sobha Devi and others v. Bagga Singh and others and Claim Petition No. 301/2002, Smt. Daisy Khan and others v. Divisional Manager, New India Assurance Company Ltd. and others, where a total compensation of Rs. 12,58,900 and Rs. 8,91,361 respectively was awarded alongwith interest @ 6% per annum from the date of filing of the claim petition. The facts and circumstances of both the cases are identical as the claim arises from the common accident. Hence, both the appeals are disposed of by this consolidated judgment.

(2.) The brief facts of the case are that on 2.9.2002, at about 7.20 in the morning, the deceased Sri Atama Ram and Sri Jaleem Khan were traveling in the Tanker No. G.J.-13T-5331. When the Tanker reached on the Hempur Railway Gate, from the opposite direction a Truck No. C.H.O.R. 8277 was coming, whose driver was driving it rashly and negligently. The accident occurred between the vehicles where the deceased Sri Atama Ram and Sri Jaleel Khan died on the spot. Necessary F.I.R. was lodged in the police station. The truck was insured by the appellant, i.e., M/s. New India Assurance Company Ltd. On the date of the accident, the policy was alive. The Tanker was insured by M/s. United India Insurance Company Ltd. and its policy was also alive, on the date of the accident. The Tribunal has awarded a total compensation of Rs. 12,58,900; and a sum of Rs. 8,91,361 against the appellant-insurance company. Though in both the cases, the right of recovery was given to the appellant-insurance company to recover amount from the Truck owner, nonetheless, the appellant-insurance company has filed the present appeals.

(3.) With this background, heard Sri Dinesh Kumar, learned counsel for the appellant-insurance company and gone through the material available on the record.