NATIONAL INSURANCE CO LTD Vs. ZAINA

JUDGEMENT

(1.) By this common judgment all three appeals 120 of 1998 titled National Insurance Co. Ltd, v. Zaina, 121 of 1998 titled National Insurance Co. Ltd. v. Zaina, 147 of 1998 titled National Insurance Co. v. Prem Piaree are taken for disposal insofar as common questions of fact and law arise in all three appeals. The appeals are against awards of the Motor Accidents Claims Tribunal, Srinagar, dated 30.6.1998, 6.7.1998 and 24.8.98 respectively, passed in claims arising out of vehicular accident on 13.12.90 at Kargil-Srinagar Road, at Captain Mod (bend) at Zogila Pass. All ten occupants of the vehicle including the driver died in the accident. The vehicle and the occupants fell in deep ravine (nalla). Neither the vehicle nor the bodies could be retrieved.

(2.) In C.F.A. No. 120 of 1998 vide impugned award dated 30.6.98, claimants-respondents in Claim Petition No. 12 of 1991, have been awarded compensation of Rs. 1,68,000 with 6 per cent interest from institution of the claim petition (16.5.91) till date of decision and from 30.6.1998 at the rate of 12 per cent till payment is made and award satisfied.

(3.) In C.F.A. No. 121 of 1998, claimants/ respondents vide impugned award dated 6.7.98, in Claim Petition No.11 of 1991, have been awarded Rs. 3,68,000 with 6 per cent interest from the date of institution of the claim petition (16.5.1991) till date of decision and thereafter at the rate of 12 per cent till the award is satisfied.