NATIONAL INSURANCE COMPANY LTD. Vs. ANJANA SHARMA

JUDGEMENT

(1.) BOTH these appeals are outcome of a motor vehicular accident, which was caused on 29th March, 2004, at about 4.10 P.M., near Lal Tenchi Stop in Ghati Bilwan, Tehsil Jaswan, District Kangra, by the driver -Shyam Singh, while driving the truck, bearing registration No. HP -36 -2509, rashly and negligently, as alleged, and hit the scooter, bearing registration No. PB -07E -8561; Shri Amin Chand, who was driving the scooter and Shri Love Bhushan, who was the pillion rider on the scooter, sustained injuries, succumbed to the injuries and their claimants sought compensation by the medium of claim petitions, being M.A.C.P. No. 38 -G/2004, titled as Smt. Anjana Sharma & others versus Subedar Rattan Chand (Rtd.) & others and MACP RBT No. 68 -G/2010/2004, titled as Smt. Satya Devi & others versus Shri Sham Singh & others, which were determined by the Motor Accident Claims Tribunal -II, Kangra at Dharamshala, H.P. (hereinafter referred to as "the Tribunal") on 19th September, 2008 (hereinafter referred to as "the impugned award -I) and 29th September, 2010, (hereinafter referred to as "the impugned award -II"), respectively.

(2.) THE Tribunal, after examining the pleadings and the evidence, oral as well as documentary, led in both the claim petitions, awarded Rs. 14,13,160/ - with interest @ 71/2% per annum from the date of petition till the date of actual payment, in favour of the claimants in M.A.C.P. 38 -G/2004 and Rs. 12,46,340/ - with interest @ 7% per annum from the date of petition till its realization in MACP RBT No. 68 -G/2010/2004 and saddled the insurer -National Insurance Company Limited with liability in both the claim petitions.

(3.) THE claimants, the owner -insured and the driver have not questioned the impugned awards on any count, thus, have attained finality so far it relate to them.