ORIENTAL INSURANCE CO Vs. JALAL DEEN AND OTHERS

JUDGEMENT

(1.) These two appeals are outcome of a common accident hence are taken up together for disposal.

(2.) Fao No. 361 of 2011 is directed against the judgment and award dated 4.8.2011 in MAC Petition No. 57 of 2010 titled Jalal Deen and another versus The Oriental Insurance Co. Ltd and FAO No. 392 of 2011 is directed against the judgment and award dated 27.9.2011 in MAC Petition No. 41 of 2010 titled Lekh Raj versus The Oriental Insurance Co. Ltd, passed by the Motor Accident Claims Tribunal, Chamba Division Chamba, H.P., whereby compensation to the tune of Rs.1,50,000/- each alongwith 7.5% interest came to be awarded in favour of the claimants and insurer came to be saddled with the liability, for short, "the impugned awards".

(3.) The insurer had questioned 25 awards arising out of the same accident, which were decided by this Court by a common judgment, lead appeal of which was FAO No. 256 of 2010, titled Oriental Insurance Co. versus Smt. Indiro and others decided on 19.6.2015 and it was clearly held that the insurer has to satisfy the awards as the seating capacity of the offending vehicle was =42+2'. At that relevant point of time there were 25 awards and now two more awards have been made. Thus, there are 27 awards so far.