UNITED INDIA INSURANCE CO LTD Vs. SURINDER

JUDGEMENT

(1.) This order shall dispose of above said two appeals arising out of common award dated 17.1.2003 passed in two petitions by the Motor Accidents Claims Tribunal, Faridabad (for short, 'the Tribunal'). In Claim Petition No. 226 filed by Surinder Kumar, Tribunal has awarded compensation of Rs. 10,899 whereas in Claim Petition No. 227, it has awarded compensation of Rs. 2,35,200 with interest at 9 per cent per annum from the date of petition till realisation in both the petitions, to be paid by the respondents jointly and severally.

(2.) The brief facts of the case are that on 26.12.1999, Ram Prashad (deceased) and Surinder (respondent No. 1 in F.A.O. No. 1404 of 2003) boarded tractor No. HR 52-1256 from Bhawan Kund, Palwal for going to their village Devli. The said tractor was being driven by Subhash Singh, driver, rashly and negligently and at about 4.15 p.m., when they reached near Narula Rice Mill in the area of Sadar Palwal, the tractor turned turtle along with the trolley due to which the same fell into ditch, as a consequence of which Ram Prashad and Surinder received grievous injuries. Ram Prashad succumbed to his injuries.

(3.) The legal heirs of Ram Prashad filed claim petition, claiming compensation to the tune of Rs. 5,00,000 whereas Surinder, injured, filed claim petition for compensation to the tune of Rs. 3,00,000 for his injuries before the Tribunal, who awarded compensation as stated in para 1 of the order, against which the above said two appeals have been preferred by appellant insurance company.