UNITED INDIA INSURANCE COMPANY LIMITED Vs. POONAM SHARMA

JUDGEMENT

(1.) ALL these appeals are outcome of a common award dated 22.06.2007, made by the Motor Accident Claims Tribunal, Shimla, (hereinafter referred to as "the Tribunal") in M.A.C.C. No. 42 -S/2 of 2003, titled Smt. Poonam Sharma versus Shri Ashok Kumar & others and M.A.C.C. No. 43 -S/2 of 2003, titled as Smt. Sheela Devi versus Shri. Ashok Kumar & others, whereby compensation to the tune of Rs. 1,75,000/ - and Rs. 3,54,000/, came to be awarded in favour of the claimants in Claim Petition No. 42 -S/2 of 2003, and Claim Petition No. 43 -S/2 of 2003, respectively, with interest @ 7.5% per annum from the date of filing of the claim petitions till its realization and the United India Insurance Company, being the insurer of the vehicle, was saddled with liability, in both the claim petitions, for short the "impugned award".

(2.) CLAIMANTS , Smt. Poonam Sharma in M.A.C.C. No. 42 -S/2 of 2003 and Smt. Sheela Devi in M.A.C.C. No. 43 -S/2 of 2003, have invoked the jurisdiction of the Tribunal, for grant of compensation to the tune of Rs. 5,00,000/ - and Rs. 10,00,000/ - respectively, with interest @ 18% per annum, as per the break -ups given in the claim petitions, on the ground that driver, namely, Jeet Ram, was driving vehicle -bus bearing registration No. HP -19 -4870, rashly and negligently, on 09.12.1999, at about 6.50 p.m., at Kinnu, Police Station, Amb; caused the accident; Akash Kumar and Sanjeev Kumar sustained injuries and succumbed to the injuries and the claimants have lost their bread -earners.

(3.) COMMON issues came to be framed by the Tribunal in both the petitions on 27.10.2004. It is apt to reproduce the issues framed in claim petition No. 42 -S/2 of 2003: -