ORIENTAL INSURANCE CO LTD Vs. S D SAHARE

JUDGEMENT

(1.) ALL these petitions are preferred by Oriental Insurance Co. Ltd. seek condonation of delay in filing appeals against award dated 29. 1. 2005 of Motor accidents Claims Tribunal, Jammu, allowing Claim Petition nos. 161, 173, 280 and 279, awarding an amount of Rs. 75,000, rs. 1,22,000, Rs. 5,18,000 and Rs. 1,13,000, respectively along with interest at the rate of 9 per cent per annum pendente lite and till its realisation.

(2.) ALL the claimants had been travelling by bus No. JKU 4571 on their journey to patnitop on 2. 4. 2000, when because of rash and negligent driving of the driver, it rolled down into a nallah resulting in the death of many, including the wife of respondent arun Kumar T. Pancholi and injuries to others, including the respondents. The respondent Kalavani had to lose her 5 months old foetus, besides suffering damage to her spleen and receiving injuries on other parts of the body which considerably reduced existing force in the left hand and left foot because of which she was permanently disabled to earn her living. Respondent, s. D. Sahare, who was working as a Warrant Officer in 908 FPO c/o 56 APO and getting a salary of Rs. 8,000 per month, suffered multiple fractures over his body, which resulted in reduction of power in his left hand and left foot.

(3.) TO decide the rival contentions of the parties, the Tribunal had framed four issues which read thus: