ORIENTAL INSURANCE COMPANY LTD. Vs. SMT. SUKRATI BAI

JUDGEMENT

(1.) THESE four appeals arise out of the Claim Case No. 9/95 and 10/95 decided by the XI Additional Motor Accident Claims Tribunal, Jabalpur (for short 'Tribunal') vide award dated 6.8.1998. As all these appeals involve common questions, they are heard together and disposed of by this common order.

(2.) ON 10.12.1994, at about 4 p.m., the claimant Sukrati Bai was selling bangles and other cosmetic articles and Sudama Bai was selling the vegetables in the 'Weekly Bazar' at Gwarighat Road, Rampur Jabalpur. At that time,a Tempo bearing Registration No. MUJ 2859 driven rashly and negligently by Niranjan Prasad dashed the claimants Sukrati Bai and Sudama Bai. As a result of the said accident, both of them suffered grievous injuries. It is not in dispute that the offending Tempo was owned by Gauri Shanker Dubey and insured with Oriental Insurance Company, Napier Town, Jabalpur.

(3.) ,80,000/-. The claim petitions were resisted by the owner and the Insurer of the said Tempo. It was stated by the Insurer that Niranjan Prasad who was driving the said Tempo was not possessing valid driving licence. 4. The Tribunal framed eight issues in each claim case and after recording evidence partly allowed the claim petitions and awarded compensation of Rs. 27,000/- to Sudama Bai and Rs. 32,000/- to Sukrati Bai, with interest @ 12% per annum from the date of filing of the claim petition till realization. Feeling aggrieved, the MA No. 1670 and MA No. 1691/1998 have been filed by the insurer contending that they have been wrongly saddled with the liability to pay the compensation. MA No. 1339/ 1998 and MA No. 1340/1998 has been filed by Smt. Sukrati Bai and Smt. Sudama Bai respectively for enhancement of compensation.