RAMPHAL Vs. SATYAWAN @ SATTA

JUDGEMENT

(1.) This order shall dispose of three appeals bearing FAO Nos. 3373 of 2007 and 753 & 754 of 2008.

(2.) FAO No. 3373 of 2007 has been filed by the claimants dependents of Smt. Phulli Devi, FAO No. 753 of 2008 has been filed by driver and the owner of the offending vehicle questioning the exoneration of the insurance company in the claim petition filed by the dependents of deceased Smt. Phulli wife of Ramphal and FAO No. 754 of 2008 challenging the grant of compensation to the injured Om Parkash and the exoneration of the Insurance Company from the liability.

(3.) Shorn off the intricate details, a brief compendium of the facts is that the accident took place on 8.07.2005 in which Smt. Phulli lost her life. She was aged about 50 years and was a house wife. Another person, namely, one Om Parkash was injured in that case. The dependents of Smt. Phulli filed claim petition claiming compensation on account of death of Smt. Phulli and Om Parkash filed claim petition claiming compensation for the injuries sustained by him. Learned Motor Accident Claims Tribunal(for short, 'the Tribunal') allowed both the petitions vide its award dated 9.05.2007 wherein the claimants Ramphal and others were granted a compensation of Rs. 2,15,000/- whereas Om Parkash was granted Rs. 66,500/- as compensation, Interest @ 7.5% per annum from the day of filing of the petition till realisation of the amount was also granted. It was further ordered that since the vehicle was insured, the primary responsibility to deposit the amount of compensation would be of insurance company, however, the insurance company would be entitled to recover the same from the owner/insured by filing the execution proceedings.