SANT RAM Vs. ORIENTAL INSURANCE COMPANY LTD

JUDGEMENT

(1.) Both these appeals are outcome of award, dated 1st September, 2005, made by the Motor Accident Claims Tribunal, Mandi, H.P. (for short "the Tribunal"), whereby and whereunder fourteen claim petitions came to be awarded in favour of the victims of a traffic accident, which was allegedly caused by the driver of the offending tractor and the insurer was directed to satisfy the award with a right to recover the same from the appellant-owner-insured (for short "the impugned award").

(2.) Keeping in view the fact that both these appeals are outcome of one accident and single award, I deem it proper to determine both these appeals by this common judgment.

(3.) The claimants have filed fourteen claim petitions for grant of compensation, as per the break-ups given in the respective claim petitions, on the ground that Shri Haria alias Parveen, driver of the offending vehicle, i.e. tractor, bearing registration No. HP-28- 1452, had driven the vehicle rashly and negligently on 11th September, 2001, at about 4.15 p.m. on Marhi-Sandhol road at Upper Balh, Tehsil Sarkaghat, District Mandi, and caused the accident, in which two children died and some sustained injuries.