ORIENTAL INSURANCE CO. LTD Vs. NIRALA SHUKLA

JUDGEMENT

(1.) These three appeals under Section 173 of Motor Vehicles Act, contain the same controversy and the impugned award dated 7.5.2010 delivered by the Motor Accident Claims Tribunal in Claim Petition No.282 of 1997 and judgment and award dated 7.5.2010 in Claim Petition No.377 of 1997.

(2.) The appellant Oriental Insurance Company Limited, Lucknow, is aggrieved by the directions issued by the Tribunal to recover the compensation from the owner of the vehicle whereas, the claimant respondents while preferring appeal, make prayer for enhancement of compensation. Since all the three appeals relate to same award, hence they are decided by the present common judgment with the consent of parties counsel.

(3.) In brief, when on 26.4.1997, when the deceased Amit Kumar Shukla along with his father Pradeep Kumar Shukla, and mother Smt. Nirala Shukla as well as sister Km. Arjita, was on way to residence on Scooter No.UAG-277, from Jankipuram to Daliganj, in the night at about 8:45 p.m., a Mahindra Jeep No.UP-41-A/4435 coming from reverse direction driven rashly and negligently, hit the scooter resulting into accident in question. Deceased Ajit Kumar Shukla and others suffered grievous injuries. All were admitted to Medical College, Lucknow but the life of deceased Amit Kumar Shukla could not be saved and on 27.4.1997, he succumbed to injuries.