BIMLA DEVI Vs. ORIENTAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) ALL these nine appeals are outcome of a motor vehicular accident, which was allegedly caused by driver, namely Shri Bhagat Ram, who also died in the same accident, while driving the offending vehicle -Trax, bearing registration No. HP -01 K -7527, belonging to Smt. Bimla Devi, rashly and negligently, on 1st November, 2008, at about 11.30 P.M. at place Balkhner. Thus, I deem it proper to dispose of all these appeals by a common judgment.

(2.) IN FAOs No. 139, 140, 141, 142 of 2012, the ownerinsured has questioned the impugned awards passed on different dates in different claim petitions arising out of the same accident by the Motor Accident Claims Tribunal, Kinnaur Civil Division at Rampur Bushahr, H.P. (hereinafter referred to as "the Tribunal"), whereby the owner -insured has been saddled with liability; FAOs No. 201, 4092 and 4011, 4105 of 2013 are directed by the insurer - Oriental Insurance Company Limited and the owner -insured, respectively, against the impugned awards, whereby the insurer - Oriental Insurance Company Limited has been asked to satisfy the award with a right to recover the same from the owner -insured; and in FAO No. 243 of 2014, the claimant -injured has questioned the impugned award on the ground of adequacy of the compensation, on the grounds taken in the memos of respective appeals.

(3.) IT is averred that on 1st November, 2008, the vehicle - Trax, bearing registration No. HP -01 K -7527, was being driven by its driver, namely, Shri Bhagat Ram, rashly and negligently, at about 11.30 P.M., while going from Village Khanog to Kot, met with accident at Balkhner, went off the road and fell down, resulting in the death of seven occupants, out of twelve, including the driver, while the others sustained injuries. Thus, the claimants have filed the claim petitions for grant of compensation, as per the break -ups given in the respective claim petitions.