NATIONAL INSURANCE COMPANY LTD. Vs. SUMNA DEVI

JUDGEMENT

(1.) All these four appeals are outcome of a motorvehicular accident, which occurred on 16th March, 2004, at about 4.30 p.m., at Barai, District Kangra, Himachal Pradesh, as a result of the contributory rashness and negligence of the drivers of offending vehicles, i.e. bus bearing registration No. HP-68-0421 and scooter bearing registration No. HP-37- 3870, hence taken up together for disposal.

(2.) In FAOs No. 318/2006 and 347/ 2006, the National Insurance Company-insurer of the scooter and Karam Chand, the owner/driver of the offending bus, respectively, have questioned the award, dated 21st July 2006, made by the Motor Accident Claims Tribunal (I), Kangra at Dharamshala, in Claim Petition No. 27-K/II/2004, titled Sumna Devi versus Karam Chand & others, whereby a compensation to the tune of '3,26,000/- with costs and interest @ 7 % per annum from the date of filing of the claim petition till its realization, came to be awarded in favour of claimant, Sumna Devi, widow of Subhash Chand, deceased; the National Insurance Company, being the insurer of the scooter, was saddled with 50% liability and owner of the bus, namely, Karam Chand, was also held liable to pay 50% of the compensation amount, for short the impugned award , on the grounds taken in the memos of appeals, filed by the insurer-National Insurance Company Ltd. and owner-driver Karam Chand.

(3.) In FAOs No. 152/2007 and 178/2007, the National Insurance Company and aforesaid Karam Chand, respectively have also questioned the award, dated 27th February, 2007, made by the Motor Accident Claims Tribunal (I), Kangra at Dharamshala in Claim Petition No. 71- K/II/2004, titled Sumna Devi versus Karam Chand & others, whereby a compensation to the tune of ' 52,700/- with interest @ 9 % per annum from the date of filing of the claim petition till its realization, was awarded in favour of the claimant; Karam Chand, owner of the bus, was held liable to pay 50% of the awarded amount and the National Insurance Company-insurer of the scooter, was saddled with 50% liability, for short the impugned award , on the grounds taken in the memos of aforesaid appeals. Brief Facts: