NATIONAL INSURANCE COMPANY LIMITED Vs. LOKESH AND OTHERS

JUDGEMENT

(1.) THE above mentioned three appeals have been brought by National Insurance Company Limited, the insurer challenging the findings on the aspects of negligence and amount of compensation. Lokesh and Rajender Lal, son and husband respectively of Smt. Pushpa Rani [deceased] filed claim petition No. 20 of 2010, the award passed in which has been challenged in FAO No. 6010 of 2011. They had arrayed the daughters of Smt. Pushpa Rani as proforma respondents. Smt. Amita, Preeti and Gaurav brought claim petition No. 21 of 2010 on the death of Madan Lal. The award passed in the same has been challenged in FAO No. 6011 of 2011. The last claim petition bearing No. 22 of 2010 had been brought by Jitender Lal Thakkar and Jogesh Lal Takkar on the death of their mother Smt. Sushila Devi. The award in this case has been challenged by way of FAO No. 6012 of 2011. Since all these three appeals are directed against the common award dated 23.5.2011 passed by learned Motor Accidents Claims Tribunal, Fatehabad (for short, "the Tribunal") the same are being disposed of by this common order. The facts necessary to decide these appeals can be reproduced as under:

(2.) IN claim petition No. 21 of 2010 Madan Lal is said to have died at the age of 52 years and he was drawing salary of Rs. 11,126/ - while working as a clerk in the office of District Food and Supplies Controller, Sirsa.

(3.) RESPONDENTS resisted the claim petitions. Respondents No. 1 and 2 have denied the involvement of the tractor trolley in the accident. The FIR lodged regarding the accident is stated to be falsely got recorded in collusion with the claimants. The insurer had denied the driver of the tractor to be holding a valid and effective driving licence in addition to the other pleas raised by respondents No. 1 and 2.