NATIONAL INSURANCE COMPANY LIMITED Vs. SARITA KUMARI

JUDGEMENT

(1.) Since all these appeals arise out of the same accident, therefore, the same were taken up together for consideration and are being disposed of by a common judgment.

(2.) Aggrieved by the awards passed by the learned Motor Accident Claims Tribunal, Kinnaur at Rampur Bushahr, Camp at Reckong Peo, (for short "Tribunal') on 16/3/2019, the Insurance Company, on the one hand, has filed FAO (MVA) Nos. 95 and 96 of 2021 and, the claimant, on the other hand, has filed FAO (MVA) Nos. 164 and 165 of 2021 for enhancement of the compensation amount.

(3.) As per the claimant, on 10/4/2014, her father Punai Uraw, had hired a vehicle bearing Registration No. HP-25B-0775 from Lippa to Jangi for transportation of his box, bags and beddings. The vehicle in question was en route and at about 7.00 A.M. when reached near Village Jangi, Tehsil Moorang, District Kinnaur, H.P., the driver lost his control over the vehicle in question and it fell down in a "Dhank' about 1200 metres from Lippa - Jangi link road to NH-5 and caused the death of her father Punai Uraw, her mother Vishni Devi and their children due to multiple injuries. The driver also died on the spot. The deceased Punai Uraw and Vishni Devi, were serving as "Beldars' in H.P.P.W.D., Division Kalpa, Distt. Kinnaur, H.P. and were drawing salaries amounting to Rs.21,032.00 and 16,061/-, respectively. An FIR bearing registration No. 7/2014 was registered with the police at Police Station, Pooh. The deceased were of the age of 42 and 38, respectively.