NEW INDIA ASSURANCE COMPANY Vs. ANIT SHANKTA

JUDGEMENT

(1.) BOTH these appeals are outcome of a motor vehicular accident, which was allegedly caused by driver, namely Shri Parma Nand, while driving Canter, bearing registration No. HP -64 -0400, belonging to Shri Jagmohan, rashly and negligently, on 23rd September, 2005, at about 10.00 P.M., at Shali, District Sirmour. Thus, I deem it proper to dispose of both these appeals by a common judgment.

(2.) BY the medium of FAO No. 320 of 2009, the appellant -insurer has questioned the award, dated 30th March, 2009, passed by the Motor Accident Claims Tribunal, Shimla, Himachal Pradesh (hereinafter referred to as "the Tribunal") in MAC Petition No. 23 -S/2 of 2006, titled as Anit Shankta versus Shri Jagmohan and others, whereby compensation to the tune of Rs. 9,40,600/ - came to be awarded in favour of the claimant -Anit Shankta with interest @ 9% per annum from the date of filing of the claim petition till its deposition before the Tribunal (hereinafter referred to as "the impugned award -I) on the grounds taken in the memo of appeal.

(3.) IN FAO No. 321 of 2009, the appellant -insurer has called in question the award, dated 30th March, 2009, passed by the Motor Accident Claims Tribunal, Shimla, Himachal Pradesh (hereinafter referred to as "the Tribunal") in MACC No. 24 -S/2 of 2006, titled as Joginder Singh Shankta versus Shri Jagmohan and others, whereby compensation to the tune of Rs. 1,10,000/ - came to be awarded in favour of the claimant -Joginder Singh Shankta with interest @ 9% per annum from the date of filing of the claim petition till its realization (hereinafter referred to as "the impugned award -II) on the grounds taken in the memo of appeal.