UNITED INDIA INSURANCE CO LTD Vs. KARAM CHAND

JUDGEMENT

(1.) While travelling in a Goods Carrier bearing registration No. JK02E-5195, on 14.06.1999, Surinder Singh and Des Raj suffered injuries which led to their death when the Goods Carrier, driven rashly and negligently, by its driver, met with accident near Raghi Nallah-Khellani falling in the jurisdiction of Police Station Doda.

(2.) The parents of Surinder Singh, and the Widow and sons of Des Raj lodged Compensation Claims with the Motor Accidents Claims Tribunal, Doda. On the basis of material on records, the Tribunal held Shakuntla Devi and her sons entitled to Rs. 3,00,500/- and the parents of Surinder Singh to Rs. 1,80,300/-, along with interest @ 9% per annum from the date of filing the Claim Petitions, as compensation for death of Surinder Singh and Des Raj respectively.

(3.) Finding that the owner was carrying passengers in a Goods Carrier, the Tribunal, while absolving the Insurance Company of its liability to indemnify the owner, directed it, to pay the awarded amount to the claimants with an option to it to recover the amount so paid from owner of the vehicle. Aggrieved by the Awards dated 23.11.2004 of the Tribunal, the United India Insurance Company Limited has appealed to this Court by its Appeals CIMA Nos. 27 and 28 of 2005. The Claimants too have filed Cross Appeals seeking enhancement in the amount of compensation awarded to them by the Tribunal.