NATIONAL INSURANCE CO LTD Vs. KALYAN SINGH

JUDGEMENT

(1.) All the three revisions arise out of the same accident, therefore, they are decided by this common order.

(2.) The facts of the case are that all the three deceased were travelling in the trailer of a tractor along with wheat bags. It is pleaded that each passenger had paid Rs. 5 per bag to the tractor driver Bahadur. When they were returning from village Nithau to village Sujarama, trolley of the tractor overturned at about 8.30 in night on 22.7.1995 which resulted into the death of Munni Devi and Birbal on the spot and Ramprasad died in the hospital 7-8 days after the accident.

(3.) Claim petitions have been filed by the legal representatives of Ramprasad, Birbal and Munni Devi. They have also filed the applications under section 140 of the Motor Vehicles Act, 1988, for interim compensation. The Claims Tribunal vide order dated 2.11.1998 allowed these applications and directed the insurance company to pay Rs. 50,000 each to the legal representatives of the deceased as an interim compensation. Thereafter the claim petitions were finally decided by the Claims Tribunal vide award dated 27.8.1999.