ORIENTAL INSURANCE COMPANY Vs. VEENA DEVI

JUDGEMENT

(1.) All these appeals are outcome of a motor vehicular accident, involving vehicle-Tempo Trax bearing registration No. HP-33/T-9832, thus I deem it proper to club all these appeals and determine by this common judgment.

(2.) Smt. Veena Devi and Smt. Sita Devi, while traveling in Tempo Trax, bearing registration No. HP-33/T- 9832, as passengers, met with an accident, which was caused by driver, namely, Shri Sanjeev Kumar, while driving the said vehicle, rashly and negligently, on 22nd October, 2006, at 7.30 a.m., at Tihri in Kot-Dhar, Police Station Talai, District Bilaspur, H.P.; sustained injuries; shifted to Community Health Centre, Barsar, District Hamirpur, H.P.; referred to Indira Gandhi Medical College and Associated Hospital, Shimla and remained admitted there from 22nd October, 2006 to 18th November, 2006.

(3.) Smt. Veena Devi filed MAC Petition No. 68 of 2007, titled as Veena Devi versus Shri Rajesh Kumar & others, for grant of compensation to the tune of Rs. 5,00,000/, before the Motor Accident Claims Tribunal, Bilaspur, District Bilaspur, hereinafter referred to as "the Tribunal", as per the break-ups given in the claim petition. The Tribunal, after scanning the evidence, oral as well as documentary, awarded compensation to the tune of Rs. 4,91,500/- with interest at the rate of 7.5% per annum in favour of the claimant and against the owner-insured, namely, Rajesh Kumar and the driver, however, the insurer-Oriental Insurance Company was directed to satisfy the awarded amount, at the first instance, with right of recovery, hereinafter referred to as "impugned award-I".