ORIENTAL INSURANCE COMPANY LTD. Vs. KUSHAL KUMAR

JUDGEMENT

(1.) VEHICULAR accident, dated 19th March, 2005, in which bus bearing registration No. HP -56 -2606 was involved, gave birth to a batch of Claim Petitions, came to be determined by the Motor Accident Claims Tribunal -II, Kangra at Dharamshala, (hereinafter referred to as the Tribunal), by different awards. The Tribunal determined compensation in each claim petition. In one claim petition, subject matter of FAO No. 288 of 2007, the owner was saddled with the liability and in rest of the claim petitions, impugned in FAO Nos. 255, 256, 257, 258, 259, 260, 261, 262, 263, 264 and 265 of 2011, the insurer came to be saddled with the liability.

(2.) CLAIMANTS (appellants in FAO Nos. 446 of 2011, 447 of 2011 and 273 of 2007) have questioned the impugned awards on the ground of adequacy of compensation.

(3.) THE claimants, being the victims of vehicular accident caused by the driver, namely, Piar Chand, while driving the bus bearing registration No. HP -56 -2606, preferred claim petitions for grant of compensation, on the ground that on 19.3.2005 at about 9.15 a.m., the driver of the offending bus, while driving the same rashly and negligently, could not control it and the bus rolled down the road, resulting into the death of some of the passengers, including the driver, while some of the passengers sustained injuries. Thus, the claimants filed Claim Petitions for grant of compensation, as per the details and break -ups given in the respective petitions.