ORIENTAL INSURANCE COMPANY LIMITED Vs. MOTI LAL VERMA

JUDGEMENT

(1.) These two Civil Misc. Appeals have been filed against the judgment and award dated 2.6.2011 passed by Motor Accident claims Tribunal (for short, 'the Tribunal') Kota in Claim Case No. 673/2007, whereby an award of Rs. 13,22,000/-, has been passed in favour of the claimants and against the Oriental Insurance Co. (for short, 'the Insurance Co.') as also the non claimants no. 1 and 2 i.e. the Driver and Owner of the offending vehicle. S.B. Civil Misc. Appeal No. 4062/2011 has been filed by the Oriental Insurance Co. challenging the impugned judgment and award, whereas S.B.Civil Misc. Appeal No. 7616/2011 has been filed by the claimants for enhancement of compensation.

(2.) Facts of the case are that on 10.9.2007 at about 11.00 AM, deceased Dr. Jagdish Verma was going from Ajmer towards Jodhpur in RSRTC Bus No. RJ-19-1P-0510 and when the bus reached in front of Old Octroi Ajmer Road Beawar, suddenly an undulated truck bearing no. RJ 14-2G-4581 came from the direction of Beawar and vigorously collided in the driver side of the bus, as a result of which accident took place and the passengers sitting in the bus, sustained injuries. In the said accident, Dr. Jagdish Verma also sustained grievous injuries and during treatment, he died at about 12.15 O' clock in the noon.

(3.) The claimants filed the claim petition. The non claimants filed the written statement. Issues were framed and after hearing the parties, the Tribunal vide its judgment dated 2.6.2011, awarded a sum of Rs. 13,22,000/- as compensation, as indicated above. Hence, these two appeals.