NATIONAL INSURANCE COMPANY Vs. VIPIN KUMAR

JUDGEMENT

(1.) This judgment shall dispose of two appeals, one bearing No. FAO No.312 of 2015 filed by the appellant-National Insurance Company and another bearing No. FAO No.273 of 2015 filed by the appellant-Nausahad Ahmed. Both these appeals arise out of a common award dtd. 1/4/2015 passed by the Motor Accident Claims Tribunal-II, Sirmaur District at Nahan, H.P., whereby the claim petition preferred by injured Vipan Kumar was allowed and he was held entitled for compensation of Rs.3,14,659.00 with interest at the rate of 7.5% per annum from the date of the petition till realization. The liability to pay the awarded amount was upon the owner, namely Nausahad Ahmed. However, keeping in view the fact that the vehicle was insured with the appellant -Insurance Company and third-party risk was covered, it was ordered that the appellant -Insurance Company would first satisfy the award and thereafter, the liberty was granted to recover the amount from the owner, i.e., appellant -Nausahad Ahmed. The parties in the appeals shall be hereinafter referred to as they were in the claim petition.

(2.) Shorn of unnecessary details, the key facts for adjudicating the claim in both the appeals are that the claimant - Vipan Kumar had sustained multiple injuries in a motor accident occurred on 15/1/2002 at about 2:00 p.m. near Malwa Cotton Mills, Patlion, Paonta Sahib, District Sirmaur, H.P. At the relevant time, the claimant was travelling in a Maruti Car bearing No.UGX-4001, which was being driven by one Shri Rakesh Kumar Sharma, who also sustained grievous injuries and succumbed to the same.

(3.) At the time of accident, the claimant was 38 years old and working as a Sales Representative with M/s Sharma Enterprises at Village Khodonwala, Tehsil Paonta Sahib, District Sirmaur and was earning a monthly salary of Rs.5,000.00.