SAMA DEVI Vs. NARINDER SINGH

JUDGEMENT

(1.) BOTH these appeals are outcome of a common award dated 6th January, 2007, made by the Motor Accident Claims Tribunal (III), Shimla, in Claim Petition No. 29 -S/2 of 2005/04, titled Smt. Sama Devi & another versus Sh. Narinder Singh & another, whereby a compensation to the tune of Rs. 4,75,000/ - with interest @ 7.5% per annum from the date of filing of the claim petition till its realization, came to be awarded in favour of the claimants and mother of the deceased and the National Insurance Company, being the insurer of the vehicle, was saddled with liability, for short the "impugned award".

(2.) CLAIMANT , Smt. Sama Devi and Kumari Anshu, appellants in FAO No. 40/2007 and respondents No. 1 & 2 in FAO No. 194 of 2007, have invoked jurisdiction of the Motor Accident Claims Tribunal, (III), Shimla, for grant of compensation to the tune of Rs. 10.35 lacs with 12% interest per annum, as per the breaks -up given in the claim petition, on the ground that Ram Krishan died in a motor -vehicular accident, which occurred on 1.1.2003, at about 9.30 p.m., at a distance of about 26 kms from Kandaghat towards Chail, while driving vehicle -Maruti Van bearing registration No. HP -01 -3310; the deceased was getting Rs. 4,000/ - per month as salary and Rs. 100/ - as daily allowance from his employer/owner, namely, Narinder Singh, at the time of accident and they have been rendered hapless and helpless.

(3.) FOLLOWING issues were framed by the Tribunal on 12.9.2005: