ORIENTAL INSURANCE COMPANY LIMITED Vs. AJMER KAUR

JUDGEMENT

(1.) By this common judgment, I intend to dispose of two appeals i.e. bearing FAO 2242-2017 titled as 'Oriental Insurance Company Limited vs. Ajmer Kaur and others' and FAO 4172-2017 titled as 'Ajmer Kaur and others vs. Dharma Singh and others', as both these appeals have arisen out of the same award.

(2.) Briefly stated, facts of the case are that on account of death of Bant Singh, in a motor vehicular accident, which took place on 15.2.2016, at about 6.30/7.00 P.M., on the road leading from Cheema to village Amrui Kotra on main road Bathinda, statedly on account of rash and negligent driving of Mahindra Pick-Up Balero bearing registration No. PB-31P-1566, by respondent No.1 Dharma Singh, legal heirs of Bant Singh son of Kartar Singh, deceased namely, his wife Smt. Ajmer Kaur, daughters Rajwinder Kaur and Gurjit Kaur, sons Darshan Singh and Nirmal Singh, had brought a claim petition under Section 166 of the Motor Vehicle Act, 1988, against respondents i.e. Dharma Singh - driver, Karam Singh - owner and the Oriental Insurance Company Limited, Bathinda - insurer of Mahindra Pick-Up Balero bearing registration No. PB-31P-1566 (hereinafter to be referred as 'the offending vehicle'), claiming compensation of Rs.30 lacs.

(3.) On getting notice, all the three respondents appeared and offered a contest. After trial, the Motor Accident Claims Tribunal, Sangrur, vide award dated 13.1.2017, accepted the petition and awarded compensation of Rs.2,51,500/- to the claimants and respondent No.4 to be shared by them equally, whereas claimant No.1 was found entitled to compensation to the tune of Rs.50,000/- on account of loss of consortium. The amount was ordered to be made payable by respondent No.3 with interest @ 7.5% per annum from the date of filing of claim petition till its decision. Further observing that if respondent No.3 failed to make payment within two months from the date of order, then it would be liable to pay future interest @ 9% per annum. The petition was accepted with costs.