NATIONAL INSURANCE COMPANY Vs. SUNDRI DEVI

JUDGEMENT

(1.) Both these appeals are outcome of a vehicular accident allegedly caused by the driver, namely Shri Sodhi Singh, while driving truck, bearing registration No. HR-55A-7517, rashly and negligently, on 29.08.2005 at about 3.15 P.M. near place Jaunli, on its way from Summerkot to Bhaloon, in which deceased-Sumin Kumar and Balwant Singh sustained injuries and succumbed to the injuries. Thus, I deem it proper to dispose of both these appeals by this common judgment.

(2.) By the medium of FAO No. 638 of 2008, the appellantinsurer has questioned the judgment and award, dated 13.08.2008, made by the Motor Accident Claims Tribunal (II), Shimla, Camp at Rohru (for short "the Tribunal") in MAC Petition No. 2-R/2 of 2006, titled as Smt. Sundri Devi versus National Insurance Company Ltd. & another, whereby compensation to the tune of Rs. 3,96,000/- with interest @ 7.5% per annum from the date of the petition till its realization came to be awarded in favour of the claimant (for short "the impugned award-I").

(3.) Challenge in FAO No. 639 of 2008 is to the judgment and award, dated 13.08.2008, made by the Tribunal in MAC Petition No. 10-R/2 of 2006, titled as Master Raja Rana and others versus National Insurance Company Ltd. and another, whereby compensation to the tune of Rs. 6,06,000/- with interest @ 7.5% per annum from the date of the petition till its realization came to be awarded in favour of the claimants (for short "the impugned awardII").