NEW INDIA ASSURANCE COMPANY Vs. RABHAL RAM

JUDGEMENT

(1.) All these three appeals are directed against the award, dated 6th August, 2010, passed by the Motor Accident Claims Tribunal-cum-Presiding Officer, Fast Track Court, Mandi, District Mandi, H.P. (hereinafter referred to as the Tribunal ) whereby three claim petitions, titled as Sh. Rabhal Ram versus Ram Dayal & others, being Claim Petition No. 15/2002, 14/2005; Sh. Krishan Ram versus Ram Dayal & others, being Claim Petition No. 13/2002, 9/2005; and Sh. Hem Raj versus Ram Dayal & others, being Claim Petition No. 14/2002, 18/2005 came to be determined and compensation to the tune of ' 3,52,000/-, ' 2,60,605/- and ' 2,57,746/- alongwith interest @ 9% from the date of the filing of the claim petitions till deposition of the awarded amount came to be granted in favour of the claimants in the respective claim petitions and the appellant-insurer-New India Assurance Company Limited came to be saddled with liability to satisfy the award in all the three claim petitions (hereinafter referred to as the impugned award ), on the grounds taken in the memo of appeals. Therefore, I deem it proper to dispose of all these three appeals by a common judgment. Brief facts:

(2.) Claimant-Rabhal Ram filed Claim Petition No. 15/2002, 14/2005 for grant of compensation to the tune of ' 7,00,000/- as per the break-ups given in the claim petition on the ground that he became the victim of motor vehicular accident, which was caused on 10th October, 2001, near Village Kangoo while going from Jarol to Dehar, at about 9.15 A.M., by the composite negligence of the drivers, namely Shri Prakash Chand and Shri Labh Singh, of two vehicles, i.e. jeep bearing registration No. HP-31-3671 and truck bearing registration No. HP-23-5110, respectively, while driving the said offending vehicles rashly and negligently. It is further contended that he (Shri Rabhal Ram) alongwith two other persons, namely Shri Krishan Ram and Shri Hem Raj, was sitting in the jeep and all the three persons sustained injuries in the said accident.

(3.) Claimant-Krishan Ram filed Claim Petition No. 13/2002, 9/2005, for grant of compensation to the tune of ' 3,00,000/- as per the break-ups and the details given in the claim petition on account of the injuries sustained by him in the said accident.