UNITED INDIA INSURANCE CO. Vs. SITA DEVI

JUDGEMENT

(1.) These appeals, arising out of claim petition related to one and the same accident, for involvement of common question of law and based on similar facts and evidence, are being decided by this common judgment.

(2.) Motor accident in reference in present matter had occurred on 31/3/2012 near Tutikandi, Shimla when Tata Indigo Car bearing registration No. HP-1A-5344, owned by Bimla Devi (respondent No. 3 in both appeals) being driven by driver engaged by owner, in rash and negligent manner, met with an accident leading to death of driver, Ajay son of Sita Devi and Ramesh Kumar (respondents No. 1 and 2 in FAO No. 284 of 2016 and Raju son of Joginder Singh and Thanki alias Kamlesh (respondents No. 1 and 2 in FAO No. 329 of 2016).

(3.) For death of Ajay and Raju, their parents preferred Claim Petition bearing No. 56-S/2 of 2013, titled as Sita Devi and Another Vs. Bimla Devi and Another; and Claim Petition No. 55-S/2 of 2013, titled as Joginder Singh and Another Vs. Bimla Devi and Another before Motor Accident Claims Tribunal (MACT), which were decided by separate even dated awards on 10/3/2016 by MACT-III Shimla.