UNITED INDIA INSURANCE CO. LTD. Vs. ATMA RAM

JUDGEMENT

(1.) The abovenoted six appeals arising out of the same accident are being disposed of by this single judgment.

(2.) On the night intervening 20/21.2.1995 Maruti van bearing No. HP-30-0087 belonging to Respondent Baldev Gupta (hereinafter referred to as the owner) being driven by Respondent Hira Lal (hereinafter referred to as the driver) at about midnight while proceeding from Pogli to Karsog near Koladhar at Dugha Nallah due to rash and negligent driving of the driver went off the road and rolled down about 1000 feet into the Nallah. As a result of such accident five occupants of the van, namely Bhag Chand, Mohan Lal, Kaul Ram, Gopi Chand and Amar Singh had died and one occupant, that is, Krishan Lal sustained multiple grievous injuries.

(3.) Respondents No. 1 to 9 in F.A.O. No. 510 of 2000 are the legal heirs/ dependents of the deceased Mohan Lal. In Claim Petition No. 76 of 1995 preferred by them seeking compensation for the death of the deceased Mohan Lal, the learned Motor Vehicle Accident Claims Tribunal (II), Mandi (for short : the Tribunal) vide its award dated 29.6.2000 awarded a total compensation of Rs. 1,29,500 in their favour.