NEW INDIA ASSURANCE CO LTD Vs. RATHNACATH SALI

JUDGEMENT

(1.) SINCE these two appeals arise out of a common award, they are being disposed of by a common order.

(2.) CMA No. 686 of 2003 arises out of OP No. 364 of 1995 and CMA No. 687 of 2003 arise out of OP No. 303 of 1999. OP No. 364 of 1995 is filed under section 166 of the Motor Vehicles Act, 1988 (the Act) seeking compensation for the death of R. Shankar (the deceased) husband of the first claimant and father of claimants 2 and 3 and son of claimants 4 and 5 and OP no. 303 of 1999 is filed seeking compensation for the injuries suffered by the petitioner therein hereinafter referred to as the victim in the same accident.

(3.) THE case of the claimants in both the claim petitions is that the deceased and the victim had on 25. 3. 1995 boarded the lorry AEK 6759 belonging to the sixth respondent in CMA No. 686 of 2003 and second Respondent in CMA No. 687 of 2003 which was insured with the appellant along with their goods to go to their native place. But that lorry met with an accident due to the rash and negligent driving of the driver of the lorry, resulting in the death of the deceased and others and injuries to the victim and others.