ORIENTAL INSURANCE CO. LTD. Vs. VAIKUNTHI BAI

JUDGEMENT

(1.) THIS judgment shall govern the disposal of all the aforesaid three connected appeals which arise out of the same accident and the same award. In M. A. Nos. 527/02, 534/02, Insurance Company has challenged the award on the ground that the cheque of the premium was dishonoured and policy was cancelled and intimation of the cancellation was given to the owner of vehicle, therefore, the Insurance Company is not liable, though the right of recovery has been granted in favour of the appellant-Insurance Company. In M.A. 529/02 claimants have prayed for enhancement of compensation.

(2.) BRIEF facts of the case are that on 31-8-1995, deceased Jagdish Singh Kaurav along with his wife Smt. Asha had gone to Tighra Dam on their Hero Puch bearing No. MP07/G-3237. When they were coming back near village Maharajpura on the main road, near turning one bus bearing No. MP07-N-0002, was being driven by respondent No. 1-Rudrapal Singh very rashly and negligently without applying any horn. Bus came near the point of turning and dashed the motorcyclist from behind. As a result of this accident, both Jagdish Singh Kaurav and Smt. Asha fell down, came under the bus and after crushing them the respondents ran away with the bus. As a result of this accident both died. Crime was registered at P.S. Tighra, the matter was investigated and criminal proceedings were initiated against the driver. The claimants who are the parents and minor children of the deceased have filed separate two claim petitions for claiming compensation for their death before Claims Tribunal. The claim was contested by the Insurance Company. After recording the evidence, Tribunal found that the accident took place because of rash and negligent driving of the bus by respondent No. 1-driver Rudrapal Singh and awarded a compensation as per the award to the claimants.

(3.) WE have heard the learned counsel for the parties and perused the evidence on record.