NATIONAL INSURANCE COMPANY LTD. Vs. PARWATI

JUDGEMENT

(1.) THE subject matter of these appeals are the awards and orders, dated 10th March, 2008, made by the Motor Accident Claims TribunalII, Sirmaur District at Nahan, H.P. (hereinafter referred to as "the Tribunal") in MAC Petitions No. 45N/2 of 2003 and 43N/2 of 2003, titled as Smt. Parwati & others versus Hari Ram & another, whereby compensation to the tune of Rs. 11,07,480/ and Rs. 2,98,000/ alongwith interest @ 7.5% per annum was granted in favour of the claimants in the said petitions, respectively, from the date of the petition till its realization (hereinafter referred to as "the impugned award"). The said claim petitions are outcome of a traffic accident, thus, this order will govern both appeals. Brief facts:

(2.) THE motorvehicular traffic accident, which was allegedly caused by driver, namely Surender Kumar, who was not party to lis, while driving the offending vehicle, truck bearing registration No. HP161176, rashly and negligently, near Lani turn at Village Andheri, on 8th July, 2002, at about 10.45 A.M., hit Rajinder Singh and Smt. Kaunla Devi, who sustained injuries and succumbed to the injuries.

(3.) A third person, namely Nishant Surya, had also sustained injuries in the same accident and has filed a claim petition for grant of compensation on the ground that he was a conductor with the offending vehicle, i.e. the said truck, came to be granted by the Tribunal, was subject matter of FAO No. 227 of 2006 and came to be dismissed today by a separate order.