ORIENTAL INSURANCE CO. LTD. Vs. ANJANA SHARMA

JUDGEMENT

(1.) By the medium of these appeals, the insurer has challenged two awards, dated 20th March, 2010, passed by the Motor Accident Claims Tribunal (I), Kangra at Dharamshala, H.P., (for short, the Tribunal), in Claim Petition No.79-P/II-2006, titled Anjana Sharma v. Rajinder Kumar and another, (subject matter of FAO No.254 of 2010), and in Claim Petition No.80-P/II-2006, titled Abhinav Pankaj v. Rajinder Kumar and another, (subject matter of FAO No.253 of 2010), whereby both the claim petitions were allowed and the insurer was saddled with the liability, (for short, the impugned awards).

(2.) Since both the appeals arise out of one accident, therefore, the same were heard together and are being disposed of by this common judgment.

(3.) Claimants in both the Claim Petitions invoked the jurisdiction of the Tribunal under Section 166 of the Motor Vehicles Act, 1988 (for short, the Act) for grant of compensation, as per the break-ups given in the respective claim petitions. It was averred that on 6th May, 2005, Sapnesh was driving the Scooty bearing No.HP-39A-3596 and Abhinav Pankaj was pillion rider. At about 3.30 p.m., when they were coming towards Kalu-Di-Hatti from Maranda side, a Jeep bearing registration No.HP-29-1085, coming from opposite side, being driven by its driver, namely, Rajinder Kumar rashly and negligently, hit the Scooty as a result of which, Sapnesh sustained injuries and succumbed to the same, while the pillion rider Abhinav Pankaj sustained multiple injuries.