NATIONAL INSURANCE CO LTD Vs. SALMA

JUDGEMENT

(1.) In an accident involving the offending motor vehicle, a truck (goods vehicle), bearing registration No. CIH 7476, at about 12.30 p.m. on 16.11.1995, wherein Shakir Khan aged 20 years, Raju aged 23 years, Shahid Khan aged 30 years met their untimely death while Maharaj Singh suffered serious and grievous injuries, a claim case under sections 166 and 140 of Motor Vehicles Act being Claim Case No. 68 of 1996 giving rise to Misc. Appeal No. 591 of 1997 was filed by the dependants of Shakir Khan, Claim Case No. 69 of 1996 was filed by the dependants of Shahid Khan giving rise to Misc. Appeal No. 589 of 1997, Claim Case No. 70 of 1996 giving rise to Misc. Appeal No. 592 of 1997 was filed by the dependants of Raju and Claim Case No. 67 of 1996 giving rise to Misc. Appeal No. 590 of 1997 was filed by Maharaj Singh, which were consolidated and disposed of by the 9th Additional Motor Accidents Claims Tribunal, Gwalior by a common judgment and order dated 30.8.97 whereunder Motor Accidents Claims Tribunal granted an award of compensation for an amount of Rs. 35,000 together with 12 per cent per annum interest, in Claim Case No. 67 of 1996; in Claim Case No. 68 of 1996, Claims Tribunal granted an award of compensation for an amount of Rs. 1,13,000 carrying the same rate of interest; in Claim Case No. 69 of 1996 for award amount of Rs. 1,66,800 with the same rate of interest and in Claim Case No. 70 of 1996 for an amount of Rs. 1,49,200 with the same rate of interest.

(2.) The offending vehicle, the truck, was insured with National Insurance Co. Ltd. which was impleaded as a respondent in all the claim petitions. 2A. Feeling aggrieved the insurer has now come up in appeal seeking redress praying for the modification of the awards and its exoneration from the liability.

(3.) The aforesaid appeals were heard together taking into consideration the nature of the controversy raised therein and are being disposed of by a common judgment and order.