ORIENTAL INSURANCE CO LTD Vs. DURGA DEVI

JUDGEMENT

(1.) These three appeals having been filed against the common judg- ment and award passed by the Fifth Motor Accidents Claims Tribunal, Bhubaneswar in Misc. Case No. 189 of 1995, were heard together and disposed of by this common judgment.

(2.) The facts of the case, in brief, are that the deceased Naib Subedar Khadga Bahadur Thapa was travelling with other army officers from Berhampur to Bhubaneswar in a Mahindra minibus bearing registration No. OR 07-A 1308 belonging to the Defence Department on NH 5 on 30.10.1994 during the early morning hour. When they reached near village Ratamati in-between Balugaon and Khurda, a truck bearing registration No. BIT 5859 coming from opposite direction dashed against the minibus, which was boarded by deceased and due to the severe impact between the two vehicles, the deceased and one Colonel Satya Prakash sustained severe brain injuries and injuries on other parts of the body. The deceased succumbed to injuries on the spot and on being carried to Naval Hospital at Chillika was declared dead by the doctor.

(3.) The claimants who are the respondents in M.A. Nos. 68 of 1998 and 922 of 1997 and the appellants in M.A. No. 269 of 1998 filed Misc. Case No. 189 of 1995 which was decided after trial/enquiry by Fifth Motor Accidents Claims Tribunal, Bhubaneswar, who has passed the impugned judgment and award dated 29.9.1997 holding that the claimants are entitled to a compensation of Rs. 4,89,500 (rupees four lakh eighty-nine thousand and five hundred) with interest at the rate of 12 per cent per annum from the date of filing of the claim petition, i.e., 7.4.1995 till the date of payment and further holding that Oriental Insurance Co. Ltd., appellant in M.A. No. 68 of 1998 and United India Insurance Co. Ltd., appellant in M.A. No. 922 of 1997 are liable to pay 50 per cent of the award each to the claimants.