ORIENTAL INSURANCE CO. LTD Vs. MAHESHWARI

JUDGEMENT

(1.) WE propose to take and dispose of these three appeals together as they have arisen out of the same accident but from two separate awards passed by Mr. Surjit Singh, Motor Accidents Claims Tribunal, Una. By means of impugned award passed in M.A.C. No. 5 of 1986 dated 3.12.1988, the Tribunal below has ordered that Suresh Kumar, Ramesh Kumar Thakur and Guru Dutt together with the appellant insurance company are liable for compensation awarded in the sum of Rs. 1,23,000/- along with interest at the rate of 12 per cent per annum from the date of petition, i.e., 17.2.1986 till the date of deposit along with costs of the claim petition and liability to satisfy the award was held jointly as well as severally on the parties whereas by an award passed in M.A.C. No. 8 of 1986 dated 3.12.1988, claim petition by Suresh Kumar has been rejected.

(2.) APPELLANT (hereinafter referred to as the 'insurance company') has filed F.A.O. (MVA) No. 36 of 1989 against the aforesaid award of the Tribunal and Ramesh Kumar Thakur (hereinafter referred to as the 'scooter owner') has filed the F.A.O. (MVA) No. 53 of 1989. Suresh Kumar (hereinafter referred to as the 'scooter driver') has filed the F.A.O. (MVA) No. 44 of 1989. Guru Dutt, respondent is being referred to as 'transferee' of the scooter. Similarly, Subhash Chand Modgil is being referred to as 'car owner' and New India Insurance Co. Ltd. (wrongly mentioned as 'Insurance Co. Ltd.') is being referred to as 'car insurer' hereinafter in this judgment.

(3.) SO far the stand of the scooter owner is concerned, he has categorically stated that the scooter in question had been transferred by him in favour of the transferee by means of agreement, Exh. R-2/A and affidavit had also been sworn by the transferee which was Exh. R-2/B.