ORIENTAL INSURANCE CO LTD Vs. MANOHARI

JUDGEMENT

(1.) In both the above appeals filed under Section 173, Motor Vehicles Act, 1988, the appellant Oriental Insurance Company is challenging common judgment and award dated 12.10.2010 passed in inter alia claim cases No.87/07 and 88/07. In MAC Case No.87/07, filed by claimants Smt. Manohari and others, the Motor Accident Claims Tribunal, Nagaur awarded Rs.5,14,000/- and in MAC Case No.88/07, filed by claimants Smt. Radha Devi and others, the Tribunal awarded Rs.5,27,000/- as compensation. Both the above claim cases arise out of same2 accident, therefore, both the appeals are decided by this common judgment.

(2.) As per brief facts of the case, an accident occurred on 10.05.2007 when Mohabbat Ram, Bhanwarlal, Om Prakash and Harish Chandra were travelling in jeep No.RJ-21/C/4302 from Khnivsar to Nagaur along the national highway. Near village Kharnal, driver of truck bearing No.RJ-07/G/8251 negligently halted the truck in the middle of the road and, due to evening coupled with the fact that the said truck standing in the middle of the road did not bear any rear lights, the jeep in which among others Mohabbat Ram and Bhanwarlal were travelling collided with the stationary truck on the road. After hitting the truck, the jeep swerved out of control, however, the driver of the jeep controlled the vehicle but as soon as the jeep driver brought the vehicle under control it dashed against oncoming car No.RJ- 19/CA/0077. As a result of the said accident, Mohabbat Ram, Bhanwarlal, Om Prakash and Harish Chandra and one other person Anil received serious injuries. In respect of the above accident, FIR was registered at Police Station Khinvasar.

(3.) Legal heirs of Mohabbat Ram and Bhanwarlal filed their claims under Section 163A of the Motor Vehicles Act, 1988. After filing claim petitions under Section 163A, Motor Vehicles Act, three other petitions were also filed under Section 166 of the Act. Learned Tribunal decided all the claim petitions3 together and, for that purpose, ten issues were framed for adjudication of the claims.