KIRAN BALA Vs. NIRODH KUMARI

JUDGEMENT

(1.) BY this common judgment, four appeals being FAO No.44 of 2003, FAO No.45 of 2003, FAO No.162 of 2003 and FAO No.163 of 2003 are disposed of as they arise out of the same accident and common award.

(2.) CLAIMANT Kiran Bala along with her sons Sanjay Sharma, Ajay Sharma and Manoj Kumar filed two claim petitions relating to the death of her husband Joginder and her father-in-law Pola Ram. In these claim petitions it was alleged by Smt Kiran Bala that she along with both the deceased i.e. her husband Joginder and father-in-law Pola Ram along with one Bidhi Chand were returning from Baba Balak Nath Temple to Dharampur in Taxi No. HP-02-4618, which was owned by Smt. Nirdhosh Kumari and was insured with the Oriental Insurance Company. It is alleged that the taxi was being driven by Ashok Kumar and that due to his rash and negligent driving, the taxi went off the road and fell into the khud. Joginder and Pola Ram died as a result of the injuries sustained in the accident.

(3.) AS far as the petition relating to the death of Joginder is concerned, the learned Tribunal has awarded compensation of Rs. 2,94,400/- along with costs and interest @9% per annum. As far as the petition filed on behalf of Pola Ram is concerned, a sum of Rs.96,000/- was awarded along with costs and interest. The Insurance Company was held liable to pay the compensation.