ORIENTAL INSURANCE COMPANY LIMITED Vs. GYARSIBAI

JUDGEMENT

(1.) This order shall govern the disposal of all the aforesaid miscellaneous appeals, which have been filed against the separate, but common award.

(2.) The insurance company has filed this appeal under section 173 of Motor Vehicles Act against interim award dated 12.9.1997 passed by the Member, Motor Accidents Claims Tribunal, Rajgarh in Claim Case Nos. 10, 11,12, 9 and 8 of 1997, whereby the Tribunal has awarded a compensation of Rs. 50,000, in each case, under no fault liability against the insurance company with interest.

(3.) The brief and common facts for the disposal of all these appeals are that on 26.5.1996 respondent/owner of the tractor- trolley and respondent/driver of the tractor were using tractor for running compressor machine on the well of Bhagirath and it has been stated in the petition as well as in the F.I.R. that they were running a compressor with the use of tractor for operating boring machine in the well of Bhagirath. In the trolley some explosive material was also kept, suddenly there was an explosion and on account of the same five persons, namely, Bhagirath, Ramchandra, Gokul, Ghanshyam and Goverdhan died on the spot. The legal representatives of the deceased have filed separate claim petitions before the Tribunal along with application for grant of compensation under no fault liability. The Tribunal vide separate impugned awards dated 12.9.1997 allowed the application and directed the insurance company to pay a sum of Rs. 50,000 to each of the claimants with interest at the rate of 12 per cent against which the insurance company has filed this appeal.