ORIENTAL INSURANCE CO LTD Vs. KANTIDEVI DASHAI

JUDGEMENT

(1.) THESE appeals are filed by the Insurance Company against the interim award dated 20-4-2007, whereby the learned Additional Motor Accident claims Tribunal, Gwalior, allowed the applications filed by the claimants under section 140 of the Motor Vehicles Act, 1988 (for short "the Act") and held that the owner, driver and the Insurance Company are jointly and severally liable to pay the interim compensation within a period of one month from the date of order, failing which they are liable to pay interest @ 6% per annum from the date of order till its realization.

(2.) FOR the sake of convenience, I state the facts occurring in Misc. Appeal no. 728/07 arising out of award dated 20-4-2007.

(3.) ON 15-11-2005 deceased and injured were travelling in a goods carriage vehicle bearing Registration No. MP07/g-6231 and due to rash and negligent driving by the respondent No. 8- Leelaram, the said vehicle met with an accident. Due to which Disai, Kanchu Rajput, Shatrughan, Pawan, Dinesh, Ramkishan, shivbalak, Videsh, Ganesh and Naresh received serious injuries and Dular Chand sani, Rajkumar Sani, Tulsi and Mahto died on the spot. Constable Ashok Kumar lodged Dehati Nalishi vide Crime No. 0/5 under sections 279, 337 and 304-A of the Indian Penal Code. On the basis of Dehati Nalishi, FIR was registered vide crime No. 331/05 on 15-11-2005. In the FIR, it is very specifically stated that the deceased and injured were travelling in the offending vehicle.