NEW INDIA ASSURANCE COMPANY LIMITED Vs. KRISHNA DEVI

JUDGEMENT

(1.) Challenge in FAO No.217 of 2007 is to the award, dated 27.2.2007, passed by Motor Accident Claims Tribunal (II), Shimla, (for short, the Tribunal), in MAC Petition No.79-S/2 of 1999, titled Krishna Devi and another versus Kamlesh Kumar Sharma and another, whereby compensation to the tune of Rs.3,31,800/-, with interest at the rate of 7.5% per annum from the date of the Claim Petition till realization, came to be awarded in favour of the claimants (respondents No.1 and 2 herein) and against the insured/owner and the insurer, (for short, impugned award-I).

(2.) FAO No.282 of 2007 has been preferred by the insurer-appellant against the award, dated 26.3.2007, passed by Motor Accident Claims Tribunal(II), Shimla, (for short, the Tribunal), in MAC Petition No.11-S/2 of 2002, titled Kanta Devi and another vs. Kamlesh Kumar Sharma and another, whereby a sum of Rs.2,32,800/-, with 7.5% interest from the date of the Claim Petition till realization, stands awarded in favour of the claimants and against the insurer and the insured/owner, (for short, impugned award-II).

(3.) Both the awards, impugned in these appeals, were passed in two claim petitions arising out of one accident, therefore, I deem it proper to determine both the appeals by this common judgment.