NATIONAL INSURANCE CO.LTD. Vs. ROSHAN AND ORS.

JUDGEMENT

(1.) These two appeals, one being First Appeal From Order No. 2070 of 2014 filed by appellant-National Insurance Co. Ltd. and the other being First Appeal From Order No. 2178 of 2014 filed by applicant-U.P.S.R.T.C., arise out of the one and same judgment and award dated 18.4.2014, passed by Motor Accident Claims Tribunal/Additional District Judge, Court No. 11, Meerut in Motor Accident Claim Petition No. 997 of 2012 whereby the Tribunal has awarded compensation of Rs. 24,98,257 to the claimants who are the wife and children of the deceased alongwith simple interest of 7% per annum from the date of filing of the claim petition till the date of actual payment is made and also directed that insurance company shall be liable to pay the amount of compensation which shall be paid and recovered from U.P. State Road Transport Corporation. As both these appeals arise out of the common judgment and award dated 18.4.2015 and the facts in both the appeals are similar to one another, therefore, both are being heard and decided together by a common order.

(2.) The facts, in brief, are that on 27.12.2011 at about 11.00 a.m., the deceased Satyapal was going to Village Durjanpur from village Meerut by a Tempo No. U.P.-AT No. 4398. It is alleged that when the tempo reached near the Lakhwaya village, a Bus bearing No. U.P.-17-T-1587, which was being driven very rashly, recklessly and negligently by the driver of the bus, coming from the wrong side dashed against the Tempo as a result of which Satyapal and others who were sitting in the Tempo had died and some persons had also seriously I injured in the same accident. The driver of the bus had fled away from the spot leaving the bus there. At the time of accident the deceased was aged about 50 years having sound health and was an employee in the Sub-Area Head Quarter Meerut Cantt. and receiving handsome salary of Rs. 25,000 per month, left behind the claimants, i.e., wife and five children of the deceased, who were solely the dependent of the deceased.

(3.) On claim petition being preferred by the claimants, the Tribunal awarded compensation of Rs. 24,98,257 vide order dated 18.4.2014. The liability to pay the amount of compensation was fastened upon the appellant-insurance company with further direction to the insurance company to satisfy the award by paying the compensation awarded to the claimants subject to its right to recover the said amount from the Regional Manager, U.P.S.R.T.C., Meerut.