SATYA NARAYAN Vs. GAURI DUTT AND OTHERS

JUDGEMENT

(1.) All these appeals are the outcome of one vehicular accident, which was allegedly caused by Shri Jai Kishan, while driving Bus No.HP-14-4149 rashly and negligently, on 1st Nov., 2007, at Kandaghat, District Solan. Qua the accident, FIR Ext.PW-1/A was registered at Police Station, Kandaghat. In the accident, the claimant Satya Narain sustained injuries, wife and son of Satya Narain, namely, Sunita and Pankaj, respectively, sustained injuries and succumbed to the same realisation.

(2.) The claimant Satya Narain filed claim Petition No.3FTC/2 of 2008, titled Satya Narain Vs. Gauri Dutt and others , for compensation to the tune of Rs. 6.00 lacs, on account of the injuries sustained by him. Claimants i.e. Satya Narain and two minor daughters filed Claim Petition No.4 FTC/2 of 2008, titled Satya Narain and others Vs. Gauri Dutt and others , for grant of compensation to the tune of Rs. 6.00 lacs on account of death of son of claimant No.1 and brother of claimants No.2 and 3, while Claim Petition No.2FTC/2 of 2008, titled Satya Narain and others Vs. Gauri Dutt and others , was filed by the claimants, being the husband and minor daughters of deceased Sunita, claiming compensation to the tune of Rs. 12.00 lacs.

(3.) All the three claim petitions came to be determined by the Tribunal by three different awards, dated 14th Aug., 2008, and Compensation to the tune of Rs. 99,344.00, Rs. 2,40,000.00 and Rs. 3,18,000.00 came to be awarded in Claim Petitions No.3FTC/2 of 2008, (subject matter of FAO No.644 of 2008), No.4FTC/2 of 2008, (subject matter of FAO No.645 of 2008) and No.2FTC/2 of 2008, (subject matter of FAO No.646 of 2008), respectively, with interest at the rate of 7% per annum from the date of filing of the Claim Petition, till realisation, and the insurer was saddled with the liability, (for short, the impugned awards).