NATIONAL INSURANCE COMPANY LIMITED Vs. NIRMALA DEVI

JUDGEMENT

(1.) Both these appeals are being disposed of by a common judgment as the same are the outcome of vehicular accident, which was caused by the driver, namely Manmohan Singh, who had driven the offending vehicleMaruti Van, bearing registration No. HP530559, rashly and negligently, on 15th December, 1999, while going from Kaja to Village Dehan in Palampur, lost control over the said vehicle, which fell down from a curve near Pangi Nallah in a khad, all the passengers including the driver sustained injuries and succumbed to the injuries on spot.

(2.) The legal representatives of one of the passengers, namely, Naresh Kumar, filed a claim petition before the Motor Accident Claims Tribunal (I), Dharamshala, being M.A.C.P. No. 52 P/II/03, titled Nirmala Devi & another versus Kishori Lal & others, whereby compensation to the tune of Rs. 3,50,000/ with interest @ 71/2% per annum from the date of filing of the petition till the deposit of the amount before the Tribunal came to be awarded in favour of the claimants and saddled the insurer with liability (hereinafter referred to as "the impugned award"). The insurer, feeling aggrieved, has questioned the said impugned award by the medium of FAO No. 77 of 2008.

(3.) The legal representatives of another passenger, namely, Shri Chet Ram Kaundal, filed a claim petition before the Motor Accident Claims TribunalcumPresiding Officer, Fast Track Court, Mandi, District Mandi, H.P, being Claim Petition No. 81/02, 100/05, titled Khima Devi & others versus Kishor Chand & others, whereby compensation to the tune of Rs. 9,80,000/ with interest @ 7.5% per annum from the date of filing of the petition came to be awarded in favour of the claimants and the owner and the driver were saddled with liability, thereby exonerated the insurerInsurance Company from the liability. The ownerKishore Chand, feeling aggrieved, has questioned the said award by the medium of FAO No. 455 of 2010.