UNITED INDIA INSURANCE CO LTD Vs. SUSHILA BAI

JUDGEMENT

(1.) THESE two appeals arise out of the same accident. Claim Case No. 4 of 1996 was filed claiming compensation for death of Santosh by Sushila Bai, respondent No. 1 in M. A. No. 1215 of 1998. Claim Case No. 128 of 1998 was filed by Ojha and 2 others claiming compensation for death of Munnalal. Insurer has filed the appeal in Claim Case No. 4 of 1996 whereas the claimants in Claim Case No. 128 of 1998 have filed appeal for enhancement of compensation.

(2.) ON 9. 11. 1995 deceased Munnalal and Santosh were going on tanker. Munnalal was additional driver on the said tanker. Santosh was driver on tanker No. MH 31-6599. Truck No. GJT 9315 was driven by Abdul Wahad in a rash and negligent manner and dashed against the tanker due to which the tanker turned turtle. Injuries were suffered by Santosh and Munnalal due to which they died.

(3.) IN Claim Case No. 128 of 1998 filed under Section 163-A, Motor Vehicles Act, 1988 by Ojha and 2 others for death of Munnalal in the accident, they have claimed the compensation of Rs. 3,93,500.