NEW INDIA ASSURANCE COMPANY LTD Vs. CHAMELI

JUDGEMENT

(1.) THIS judgment shall dispose of two appeals i.e. FAO No. 4621 and 4622 of 2014 which have arisen out of one common award of the Tribunal disposing of two claim petitions having arisen out of one and the same accident dated 8.2.2013 involving the same vehicle i.e. Mahindra Bolero bearing registration No. HR -22G -1200. Claim petition No. 21 of 2013 (FAO No. 4621 of 2014) has been filed by widow and children of deceased Pala Ram whereas claim petition No. 22 of 2013 (FAO No. 4622 of 2014) has been filed by the LRs. of Suresh Kumar deceased.

(2.) AS per the common pleadings, Pala Ram and Suresh Kumar (both deceased) were returning to their home on 8.2.2013 on motorcycle bearing No. HR -07 -M -8454 while Suresh Kumar was driving the above said motorcycle and Pala Ram was the pillion rider. The said motorcycle was hit by Mahindra Bolero bearing registration No. HR -22G -1200 which was being driven by respondent No. 5 Ranjit son of Bishan Singh at a very fast speed in a rash and negligent manner and as a result thereof, both Suresh Kumar and Pala Ram fell down on the road along with motorcycle and sustained fatal injuries and died at the spot. The offending vehicle also fell in pits near the road, whereas, respondent No. 5 fled away from the spot and thus, the claimants in both the claim applications claimed compensation.

(3.) THE appellant -Insurance Company vide separate written statement denied the accident involving the vehicle in question resulting into deaths of Pala Ram and Suresh Kumar, their occupation and dependency of the claimants upon them and further pleaded the violation of the terms and conditions of policy alleging that Ranjit Singh was not holding a valid and effective driving licence. In the end, dismissal of the claim petitions was prayed.