LAWS(HPH)-2015-6-15

ORIENTAL INSURANCE COMPANY Vs. DINESH KUMAR

Decided On June 05, 2015
ORIENTAL INSURANCE COMPANY Appellant
V/S
DINESH KUMAR Respondents

JUDGEMENT

(1.) BOTH these appeals are outcome of a traffic accident, which was allegedly caused by the driver, namely Shri Jitender Kumar, while driving bus, bearing registration No. HP -20 -5665, rashly and negligently, on 05.05.2005, at about 10.30 A.M. at Main Bus Stand, Mandi, in which Shri Dinesh Kumar and Smt. Raj Kumari sustained injuries. Thus, I deem it proper to determine both these appeals by this common judgment.

(2.) BEING victims of the said vehicular accident, injuredDinesh Kumar filed Claim Petition No. 104 of 2005, titled as Sh. Dinesh Kumar versus Shri Trilochan Singh and others, and injured Raj Kumari filed Claim Petition No. 103 of 2005, titled as Smt. Raj Kumari versus Shri Trilochan Singh and others, and the Motor Accident Claims Tribunal, Mandi, H.P. ( for short "the Tribunal"), after scanning the evidence, awarded compensation to the tune of Rs. 40,000/ - and Rs. 1,09,000/ - with interest @ 7.5% per annum in favour of the claimants -injured respectively, vide separate awards, dated 15.01.2008, (for short "the impugned awards").

(3.) IT is travesty of justice that the claimants -injured are still deprived of the compensation for the last ten years, which is against the purpose of granting compensation.