MAGAN DEVI Vs. DARSHAN SINGH @ BILLU

JUDGEMENT

(1.) By this common judgment, I intend to dispose of three appeals i.e. bearing titled as 'Smt. Magan Devi and others vs. Darshan Singh @ Billu and another', FAO No. 6022 of 2011 titled as 'Smt. Vijay Yadav and others vs. Darshan Singh and another' and FAO No. 6491 of 2011 titled as 'Smt. Veena Vidyarthi and another vs. Darshan Singh @ Billu and others', as all the three appeals have arisen out of the same award.

(2.) Briefly stated, facts of the case are that on account of death of six persons, namely, Puneet Yadav, Bisham Yadav, Monika Vidyarthi, Master Kanishk Vidyarthi, Ms. Urvashi Vidyarthi and Vishal Vidyarthi, in a motor vehicular accident, which took place on 25/9/2007 at about 5.15 A.M., in the area of near bus stand, village Dau Majra, statedly on account of rash and negligent driving of Truck No. PB-12F/9281, by respondent No.1 Darshan Singh @ Billu, the legal representatives of all the six deceased, had filed petitions under Sec. 166 of the Motor Vehicles Act, 1988, claiming compensation. In those petitions, they had impleaded Darshan Singh @ Billu - driver-cum-owner and Oriental Insurance Company Ltd., Nangal, District Ropar - Insurer of the truck in question, as respondents.

(3.) The respondents had put in appearance and contested the claim petitions. However all the claim petitions were accepted and compensation of Rs.4,16,000.00 was awarded in respect of death of Puneet Yadav, Rs.4,70,000.00 was awarded in respect of death of For Subsequent orders see IOIN-FAO-6021-2011, FAO-6492-2011, FAO-6493-2011 and 1 more.