LAWS(HPH)-2014-8-37

UNITED INDIA INSURANCE COMPANY LTD Vs. KAMLA DEVI

Decided On August 01, 2014
UNITED INDIA INSURANCE COMPANY LTD. Appellant
V/S
KAMLA DEVI Respondents

JUDGEMENT

(1.) In FAO No. 197 of 2012, the challenge is to the judgment and award dated 20.1.2012, made by the Motor Accidents Claims Tribunal(1), Mandi, H.P., in Claim petition No. 80 of 2010, titled Kamla Devi and others versus Sh. Surajmani and others, whereby compensation to the tune of Rs. 4,87,000/- alongwith interest @7.5% per annum came to be awarded in favour of the claimants against the driver and owner and insurer came to be saddled with the liability.

(2.) In FAO No. 198 of 2012, arising of the same accident, the challenge is to the award of the same date and passed by the same Tribunal but in another claim petition, i.e., Claim Petition No. 81 of 2010, titled Smt. Kamla Devi and others versus Surajmani and others whereby compensation to the tune of Rs. 4,87,000/- alongwith interest @7 1/2 % per annum came to be awarded in favour of the claimants against the driver and owner and insurer came to be saddled with the liability, for short "the impugned awards."

(3.) The insurer-appellant has questioned the impugned awards by the medium of these appeals on the ground that the Tribunal has wrongly saddled the insurer with the liability, thus, I deem it proper to determine both these appeals by this common judgment.