NATIONAL INSURANCE COMPANY LIMITED Vs. SAROJ BALA

JUDGEMENT

(1.) By this judgment of mine, four appeals bearing FAO No.2721 of 2000, FAO No.2722 of 2000, FAO No. 2731 of 2000 and FAO No.2734 of 2000 shall be disposed of as common question of law and facts are involved in all these cases. However, for the sake of convenience, the facts are being derived from FAO No.2721 of 2000.

(2.) The appellant-Insurance Company has challenged the award passed by the Motor Accident Claims Tribunal, Ludhiana (here-in-after referred to as 'the Tribunal') dated 05.08.2000, whereby, the claim petitions filed by the claimants were allowed and they have been awarded compensation from the date of filing claim petition till actual payment.

(3.) Briefly, the facts of the case are that on 25.05.1997 at about 2.30 a.m., the deceased, namely, Dwarka Dass Aggarwal along his son Sudarshan Kumar, daughter-in-law Sweety, Saroj Bala and Rekha, grand-children Sachin, Jyoti, Rishav, Honey, Ghoney, Kaku, Sakshi were going from Hoshiarpur to Malerkotla after attending the marriage of son of one Som Nath. Sudarshan Kumar along with his wife and daughter were in Maruti car, whereas, Dwarka Dass Aggarwal deceased along with his daughters-in-law Sweety, claimants Saroj Bala, Rekha and grand children Sachin, Jyoti, Rishav, Honey, Ghoney and Kaku, was in Tata Sumo No.PB- 10X-313, which was being driven by Randhir Singh and owned by Abdul Rashid. One tractor trolley loaded with sugarcane was parked on the metallic road due to some defects in it. Tata Sumo hit from behind the other tractor trolley going ahead with sugarcane loaded in it. Due to impact, Sh. Dwarka Dass Aggarwal and other occupants of Tata Sumo received multiple and grievous injuries. Claimant Saroj Bala received close head injury with contusions/Dos with fracture on left side and fracture on right leg. There were injuries on the other parts of the body. Dwarka Dass Aggarwal died on the spot and other injured were referred to the hospital for treatment.