ORIENTAL INSURANCE CO LTD Vs. KESRI SINGH

JUDGEMENT

(1.) THE question involved in these appeals is whether the Insurance company is liable to pay compensation on account of death of persons traveling in a Goods Carriage (Truck)

(2.) THE deceased Surjit Singh and Kulbir Singh alongwith others were traveling in a Truck bearing Registration No. JKR -4055 after attending a Barat from Nagal to Malhori in the night intervening 14th and 15th of December 1991 when the truck met with an accident due to rash and negligent driving of the driver of the truck at Malhori Passi causing death of Surjit Singh and Kulbir Singh. The legal heirs/dependants of the deceased preferred two different claim petitions before the Motor Accident Claims Tribunal, Doda. Vide orders dated 8.5.2003 the Motor Accident Claims Tribunal,Doda passed two different awards whereby compensation amounting to Rs. 1,29,400/ - was awarded in favour of the legal heirs of deceased Surjit Singh and a compensation of Rs. 1,24,400/ - was awarded in favour of dependants of Kulbir Singh. The Insurance Company, namely, Oriental Insurance Company Ltd. Udhampur was directed to satisfy the amount of awards passed in the cases.

(3.) NOT satisfied with the awards passed by the Motor Accident Claims Tribunal Doda, the Insurance Company -appellant preferred two appeals in this court. Similarly the legal heirs/dependants of deceased persons filed separate Cross objections for enhancement of compensation amount.