T C BHATIA Vs. ORIENTAL INSURANCE CO LTD

JUDGEMENT

(1.) These appeals F.A.O. (MVA) Nos. 175 of 1991, 89 and 105 of 1993 under section 173 of the Motor Vehicles Act, 1988 (hereinafter 'the Act') are directed against the judgment and award dated 30.10.1990 of the Motor Accidents Claims Tribunal, Shimla, whereby the appellants-claimants were awarded a sum of Rs. 25,000 each as compensation on account of the death of Chandrika Bhatia, S.R. Bhatia and his wife Lalita Bhatia in a motor accident which took place on 15.6.1988. The appellantsclaimants claimed enhancement of compensation to the extent of Rs. 10,00,000 in one appeal and in two other appeals just compensation.

(2.) All these appeals are being disposed of by a common judgment as these arise out of single accident and similar questions of law and facts are involved in all of them.

(3.) Briefly the facts leading to these appeals may be stated thus: One A.S. Kaundal, who was working as Assistant Branch Manager, Life Insurance Corporation of India, Shimla, had gone to Naldehra on 15.6.1988 for sightseeing in a car No. HIS 390 owned by the Life Insurance Corporation. At that time there were 7 other persons sitting in the said car. Kaundal was driving the car himself. At about 11.30 a.m. when the car reached near Sunderban (Mashobra) it went off the road and fell down into the nullah as a result of which four persons, namely, A.S. Kaundal, S.R. Bhatia and his wife Lalita Bhatia and daughter Chandrika Bhatia had died.