ORIENTAL INSURANCE CO LTD Vs. DHANWANTI DEVI

JUDGEMENT

(1.) COMMON questions of law and fact arise for consideration in these appeals arising out of award dated 23rd of December, 2005 of Motor Accidents Claims Tribunal, Jammu allowing Claim Petitions in File Nos. 260/Claim, 261/Claim, 259/Claim, 361/Claim, 37/Claim, 207/Claim and 239/Claim. These appeals, taken up for joint consideration with the consent of learned counsel for the parties, are being disposed of by this judgment.

(2.) FACTS giving rise to the filing of these appeals may be stated thus: - Bus No. JK02D -7077 was on its way from Jammu to Banihal on 16 -06 -2000 when at about 4.45a.m, it met with an accident near Nandni National Highway because of the rash and negligent driving of the Bus by one Muzaffar Hussain, its driver. M/s Laleshwar Sardar, Maqbool Ansari, Jamal Ansari, Malok Masih, Ram Chand & Balwant Masih died in the accident whereas Harjinder Singh received injuries on his head and leg. Claim Petition No. 260 was preferred by Dhanwanti Devi, the widow, Master Santosh Kumar, the minor son and Baby Surjita Kumari, the minor daughter of deceased Laleshwar Sardar. Claim Petition No. 261 was preferred by Mrs. Zalmun Khatoon, the widow, Baby Afsana Khatoon & Ruksaana Khatoon, minor daughters and Master Jandin Ansari, the minor son of Late Maqbool Ansari. Claim Petition No. 259 was preferred by Sahanara Khatoon, the widow and Rajeena, the minor daughers of late Jamal Ansari. Claim Petition No. 361 was preferred by Mangat Masiah and Bimla Devi, the parents of Malok Masiah. Claim Petition No. 37 was preferred by Harjinder Singh for compensation in respect of the injuries received by him in the accident. Claim Petition No. 239 was preferred by Anait Masih & Smt. Ailas Masih, father and mother of deceased Balwant Masih, Miss Anwar, Miss Nirmal, sisters, and Salwinder Masih, brother of deceased Balwant Masih. The Claims Tribunal allowed these Claim Petitions awarding an amount of Rs. 3,78,600/ - in Claim Petition No. 260, Rs. 4,47,648/ - in Claim Petition No. 261, Rs. 4,02,600/ - in Claim Petition No. 259, Rs. 2,52,940 in Claim Petition No. 361, Rs. 30,000/ - in Claim Petition No. 37, Rs. 2,07,000/ - in Claim Petition No. 239.

(3.) BEFORE awarding compensation to the claimants, the Tribunal, in order to resolve the issues arising out of the pleadings of the parties raised four issues which read thus: -