NEW INDIA ASSURANCE CO LTD Vs. KRISHNA DEVI

JUDGEMENT

(1.) THIS order will dispose of three appeals, F. A. O. Nos. 1351, 1352 and 1353 of 1991, filed by appellant insurance company. These appeals have arisen out of a single award dated 8. 6. 1991, passed by the Motor Accidents Claims tribunal, Sonepat, rendered in three different claim petitions in respect of the same accident.

(2.) THE claimants filed three separate claim petitions wherein different amounts of compensation were sought. Petitions were filed on the strength of the averments that on 29. 4. 1987 at 3. 15 p. m. three persons, namely, Bhim Singh, Raj Singh and bajinder Singh were standing on the kacha portion of the approach road leading to village Harsana Kalan from Sonepat-Rohtak road. Raj Singh and Bajinder Singh were having their respective bicycles. Meanwhile, a truck bearing registration No. HRS 264, owned by Krishan Lal and driven by karambir alias Dharambir came from the side of Harsana Kalan and struck against the said three persons. The truck dragged the trio along with the cycles up to some distance. Raj Singh and Bhim Singh died at the spot whereas Bajinder Singh received injuries. This is why, three petitions came to be filed, two by the dependants of the two deceased and the third by the injured himself. It was further pleaded that accident was witnessed by Ishwar Singh, randhir Singh and Partap Singh, residents of village Harsana Kalan who at that time had been coming on their tractor from sonepat side.

(3.) F. A. O. No. 1351 of 1991 has arisen out of claim petition filed by Krishna Devi and others in respect of the death of Bhim singh whereas F. A. O. No. 1352 of 1991 has arisen out of claim petition filed by meshi and others in respect of the death of Raj Singh. The third appeal, F. A. O. No. 1353 of 1991, has been preferred by the insurance company in respect of the award passed in the claim petition filed by Bajinder Singh injured.