ORIENTAL INSURANCE CO LTD Vs. MALTI SINGH

JUDGEMENT

(1.) S/Sh. Hemant Kumar Singh, Ashok Kumar Yadav and Ajay Kumar Singh, who were serving Indian Army in Rashtriya Rifles, suffered injuries while travelling in Bus No. JK02D-1271 from Khellani to Jammu on October 28, 2003, when it turned turtle, near Panchni Nallah, as its driver, after an explosion of an Improvised Explosive Device inside the Bus drove it faster; but failed to control it. All the three persons, who were in the prime of their youth, succumbed to the injuries received in the accident. Their dependents approached the Motor Accidents

(2.) Claims Tribunal, Jammu seeking compensation for their death. Their Claims were contested by the Oriental Insurance Company Limited with which the Bus stood insured at the time of accident. The parties to the Claim Petitions were put to following issues:

(3.) On appreciation of evidence led by the parties on the issues aforementioned, the Tribunal decided Issue Nos. 1 and 2 in favour of the Claimants and Issue Nos.3 and 3-A against the appellant-Insurance Company. Accordingly, allowing the Claim Petitions, the Tribunal awarded Rs. 19,09,200/- in Claim Petition3Nos. 352 and 353 each and Rs. 18,01,200/- in Claim Petition No. 198, as compensation for the death of three Army men. Interest @ 7.5% p.a. too was allowed on the amount of compensation.