SHANTI DEVI Vs. NATIONAL INSURANCE COMPANY

JUDGEMENT

(1.) All these eight appeals are outcome of a motor vehicular accident, which was allegedly caused by driver-cumowner, namely Shri Manoj Kumar, while driving the offending vehicle-Tata 207, bearing registration No. HP-63-1429, rashly and negligently, on 31st May, 2006, at about 4.45 P.M. near Rawla Kiar. Thus, I deem it proper to dispose of all these appeals by a common judgment.

(2.) These appeals have been preferred against various awards made by the Motor Accident Claims Tribunal, Shimla, H.P. (hereinafter referred to as "the Tribunal") whereby compensation has been awarded in favour of the claimants and insurer has been saddled with liability except in M.A.C. Petition No. 54-S/2 of 2006, titled as Smt. Fulma & others versus Shri Krishan Lal deceased through LR Smt. Shanti Devi & another (hereinafter referred to as "the impugned awards") on the grounds taken in the respective memo of appeals.

(3.) In FAOs No. 554, 555 and 556 of 2009, the insurer- National Insurance Company Limited has called in question the impugned awards, dated 4th July, 2009, made by the Tribunal in different claim petitions arising out of the same accident whereby the insurer-National Insurance Company Limited has been saddled with liability to satisfy the award; FAOs No. 114, 115 & 116 of 2010 and 144 of 2011 have been preferred by the claimants for enhancement of the compensation granted to them vide the impugned awards and FAO No. 169 of 2011 has been preferred by the owner-insured of the offending vehicle against the impugned award, dated 5th January, 2011, whereby the owner-insured has been saddled with liability.