KASHMIR SINGH Vs. SANTOSH SINGH PATINER

JUDGEMENT

(1.) J. C. S. Rawat, J. 1. Since these Appeals are arising out of the same accident which occurred on 29-08-2004, as such, the appeals are being decided by the common judgment.

(2.) THESE appeals, under section 173 of the Motor Vehicles Act, 1988 have been filed by the claimants for enhance ment of the award dated 30-05-2005 passed by the Motor Accident Claims Tribunal /additional District Judge/hnd F. T. C. , Udham Singh Nagar (hereinafter referred as Tribunal') in M. A. C. R Nos. 62/2004 (A. O. No. 393 of 2005) and 61/ 2004 (A. O. No. 395 of 2005) whereby the learned Tribunal had awarded a sum of Rs. 20. 000/- in M. A. C. R No. 62 of 'c04 (A. O. No. 393 of 2005) and Rs. 17,500/- in M. A. C. F No. 61 of 2004 (A. O. No. 395 of 2005) respectively as compensation against the respondent No. 2- Oriental Insurance Company Ltd. with interest @ 6% per annum from the date of filing of the claim petitions.

(3.) THE opposite party No. 2- Orien tal Insurance Company alleged in its written statement that the claimants had not impleaded the owner and the insurer of Tata Sumo. THE accident oc curred due to the negligence of Tata Sumo in which the injured were travel ling. THE owner and insurer of Tata Sumo are liable to pay the compensa tion, if any. It was further alleged that the driver of the Tata Sumo was driving the vehicle rashly and negligently. It was further alleged that the offending tanker was being plied against the conditions of the insurance policy. Hence, the claim petitions filed by the claimants are liable to be dismissed.