MANDAKINI PATEL Vs. ASHOK KUMAR AGRAWALLA

JUDGEMENT

(1.) This appeal is against a common award dated 30.7.2007 passed by the learned District Judge-cum-1st M.A.C.T, Sundargarh in M.A.C. Case Nos.94 and 95 of 2004 awarding compensation of Rs.5,43,000/- against two Insurance Companies (respondent Nos.2 and 4) in equal proportion to be paid to the claimants-appellants with interest @ 7% and praying for enhancement of the amount of compensation.

(2.) It is not in dispute that late Rohit Kumar Patel died in a vehicular accident that took place on 24.5.2004, in which one Bolero bearing registration No.OR 0Z-7295 and one truck bearing registration No.OR05-S-2331 were involved. It is also not in dispute that the Bolero was insured with United India Insurance Company Ltd., (R-2) and the Truck with Oriental Insurance Company (R-4). It is also not in dispute that appellant Nos.1 and 4 are the deceased s widow and father, respectively, and appellant Nos.2 and 3 are his son and daughter, respectively. According to the appellants, the deceased was aged about 40 years. He was serving as a Senior Teacher in one aided High School and getting salary of Rs.11,000/- per month. Their further claim is that the deceased used to earn Rs.4,000/- per month from private tuition. The claimants filed two applications: are under section 166 of the Motor Vehicle Act, 1988 (for short the Act ) claiming Rs.10,00,000/- and another under section 140 of the Act claiming Rs.50,000/-.

(3.) Both the Insurance Companies filed their respective written statements denying insurance coverage of the respective vehicles. The age, occupation and the income of the deceased, as claimed by the claimants, were also denied. Each of the Insurance Companies contended that the accident had occurred due to rash and negligent driving on the part of the driver of the other vehicle.