UNITED INDIA INSURANCE CO. LTD. Vs. RAMESH

JUDGEMENT

(1.) Heard Sri Saral Srivastava for the appellant and Sri Neeraj Srivastava for the claimant - respondents in all the bove appeals. No one appeared on behalf of the owner of the vehicle involved in the accident.

(2.) These five appeals have been filed by the Insurer of tractor no. UP 85 L 0438 challenging awards dated 02.05.2006 passed separately by the Motor Accident Claim Tribunal/ Additional District Judge, Court No.4, Mathura in M.A.C.P. Nos.161, 163, 165, 209 and 212 of 2004 by which compensation of Rs.1,52,000/- with 6 % interest from the date of claim has been separately awarded to the claimants of each of the claim petitions. As the aforesaid claim petitions arose out of a common accident dated 16.5.2004, involving a common offending vehicle i.e. Tractor no. UP 85 L 0438, in which as many as five children traveling in a rickshaw died on account of the injuries which they received in the accident and all these appeals raise common questions of law and fact, for the sake of convenience and with the consent of learned counsel for the parties are being decided together by a common judgment.

(3.) First Appeal From Order No. 1962 of 2006 arises out of claim petition no.161 of 2004, which was filed by the parents of the deceased girl child Vimlesh, aged six years. First Appeal From Order No. 1963 of 2006 arises out of claim petition no.212 of 2004, which was filed by the parents of deceased girl child Puja, aged 10 years. First Appeal From Order No. 1964 of 2006 arises out of claim petition no.209 of 2004, which was filed by the parents of deceased girl child Arti, aged 8 years. First Appeal From Order No. 1965 of 2006 arises out of claim petition no.163 of 2004, which was filed by the parents of deceased girl child Geeta, aged 12 years. And First Appeal From Order No. 1966 of 2006 arises out of claim petition no.165 of 2004, which was filed by the parents of deceased male child Lokesh, aged 6 years.