NATIONAL INSURANCE CO.LTD Vs. MUNA RAM

JUDGEMENT

(1.) An award dated 29.5.2002 passed by Motor Accidents Claims Tribunal, Jammu gave birth to both these appeals titled above. Motor Accidents Claims Tribunal, Jammu vide impugned award allowed Claim Petition Nos. 102 and 103 of 1997 titled Risu Devi v. Surinder Kumar Arora and Muna Ram v. Surinder Kumar Arora respectively. Feeling aggrieved, appellant insurer filed above titled appeals and questioned saddling the liability and the quantum. Brief facts:

(2.) Claim petitioners are the victims of a vehicular accident which appears to have been caused by drivers respondent Nos. 2 and 4 while driving offending vehicles; bus bearing registration No. DL 1-P 0382 and videocoach bearing registration No. DL 1-P 7967 rashly and negligently. In the process both the vehicles hit the scooter bearing registration No. JK 02-B 6750 as a result of which Balbir Singh and Ganesh Dass sustained injuries and succumbed to the injuries.

(3.) Claimants in Claim Petition No. 102, respondent Nos. 1 to 5 in C.I.M.A. No. 162 of 2005; claimants in Claim Petition No. 103, the respondent Nos. 1 to 4 in C.I.M.A. No. 208 of 2002, filed both the claim petitions and claimed compensation on the ground that drivers of the offending vehicles have driven the vehicles rashly and negligently and have caused the death of their bread-earners and have lost the source of dependency. Respondents contested the claim petitions and following issues came to be framed: