ORIENTAL INSURANCE CO LTD Vs. SARALABAI SHANTILAL JAIN

JUDGEMENT

(1.) Since both these appeals impugn the same judgment and order dated 28th February,1985 passed by the learned Ex-officio Member, Motor Accidents Claims Tribunal, Raigad- A in Accident Claim Case No. 93 of 1982, both are being disposed of by this common judgment and order.

(2.) First Appeal No. 508 of 1985 is filed by the Oriental Insurance Company Limited which had insured the vehicle, whereas First Appeal No. 563 of 1985 is filed by the original claimants.

(3.) By the impugned judgment and order, the Tribunal has directed the original Opponent Nos. 1 to 3 i.e. driver, owner and the Insurance Company to pay to the petitioners a sum of Rs. 2,55,000/-. It has held that out of this amount, the Oriental Fire and General Insurance Co. is liable to pay only Rs. 1,50,000/-. The opponents were directed to pay costs of the application and also interest at the rate of 6 per cent per annum to the claimants, from the date of decision, if the amount is not paid within one month. The Tribunal has directed that out of that amount, Rs. 15,000/- be paid to the claimant Patasabai Kacharula Jain and Rs. 60,000/- be paid to each of claimant Nos. 1 to 4, Sarlabai, Mahendra, Jitendra and Jyotibala. The amounts were directed to be deposited in Bank of India, Alibag Branch.