UNITED INDIA INSURANCE COMPANY LTD Vs. KANTA SHANDIL

JUDGEMENT

(1.) All these three appeals are outcome of a motor vehicular accident, which was allegedly caused by Shri Sunil Shandil, driver of offending vehicle-Toyota Qualis, bearing registration No. HP-01 A-3419, which was driven by him rashly and negligently on 29th April, 2007, at Jubbar near Naldehra on Shimla- Tatapani road at about 5.00 P.M. Thus, I deem it proper to dispose of all these appeals by a common judgment.

(2.) The appellant-insurer, by the medium of FAO No. 338 of 2009, has called in question the award, dated 12th May, 2009, passed by the Motor Accident Claims Tribunal, Fast Track Court, Shimla, H.P. (hereinafter referred to as "the Tribunal") in M.A.C. No. 27-S/2 of 2007, titled as Kanta Shandil and another versus Rita Shandil and others, whereby compensation to the tune of Rs. 17,51,000/- with interest @ 9% per annum from the date of filing of the petition till its realization alongwith costs assessed at Rs. 1,000/- came to be awarded in favour of the claimantsdependents of deceased Dhian Chand and the insurer was saddled with liability to satisfy the award (hereinafter referred to as "the impugned award") on the grounds taken in the memo of appeal.

(3.) In FAO No. 281 of 2009, the claimant-injured has questioned the award, dated 4th March, 2009, passed by the Motor Accident Claims Tribunal-I, Solan, H.P. (hereinafter referred to as "the Tribunal") in M.A.C. Petition No. 41-S/2 of 2007, titled as Smt. Kaushlya Bhardwaj versus Sumit Shandil alias Sonu and others, whereby compensation to the tune of Rs. 3,45,366/- with interest @ 7.5% per annum from the date of the petition till deposition of the amount alongwith costs assessed at Rs. 500/- came to be awarded in favour of the claimant-injured and the insurer was saddled with liability to satisfy the award (hereinafter referred to as "the impugned award") on the grounds taken in the memo of appeal.