NEW INDIA ASSURANCE CO. LTD Vs. DHANI DEVI

JUDGEMENT

(1.) THE aforesaid appeals by Insurer -New India Assurance Company and cross objections by claimants are filed against the award of the Motor Accident Claims Tribunal -I, Jodhpur dt. 15.04.2011 deciding claim petition No. 762/2008 (Smt. Kanta W/o Late Rajendra Gulecha), claim petition No. 282/2010 (Sanjana Kothari vs. Dhool Singh) and claim petition No. 33/2009 (Dhani Devi W/o Late Vijay Singh vs. Dhool Singh) under Sec. 166 of the Motor Vehicles Act. 1988. In an accident which took place on 02.08.2008 at about 8.30 pm in the night near Village Bhavi on Bilara to Jodhpur road, two persons in Honda Car No. HR 26 -AF -5280 being driven by Vijay Singh and accompanied by one Rajendra Gulecha rammed from back side in truck No. RJ 19 -G -7257 being driven by owner -cum -driver Dhool Singh, non -applicant No. 1. The said truck was insured with appellant -non -applicant No. 2 -New India Assurance Company, Jodhpur. On account of said accident, the occupants of the car, namely driver -Vijay Singh and occupant -Rajendra Gulecha died on the spot. Driver Vijay Singh was aged about 40 years and occupant Rajendra Gulecha was aged about 45 years. They were coming from Delhi to Jodhpur in the said car. On account of said death claimants -Smt. Kanta W/o Rajendra Gulecha and others filed claim petition No. 762/2008 and for the death of Vijay Singh, Smt. Dhani Devi and others filed claim petition No. 33/2009 and for the loss of property i.e. Car, owner -Sanjana Kothari filed claim petition No. 282/2010 and all the three claim petitions were decided by the learned Tribunal on 15.04.2011.

(2.) THE insurer -New India Assurance Company has filed three appeals: CMA No. 1097/2011 (NIA vs. Smt. Chani Devi & Ors.), CMA No. 1629/2011 (MA vs. Smt. Sanjana Kothari & Anr.) & CMA No. 2098/2011 (MA vs. Smt. Kanta & Ors.), whereas. Cross Objection No. 42/2011 (Smt. Dhani Devi & Ors. vs. MA), Cross Objection No. 44/2011 (Smt. Sanjana Kothari vs. NIA) and Cross Objection No. 41/2011 (Smt. Kanta & Ors. vs. NIA) have been filed by the claimants seeking enhancement of compensation awarded by the learned Tribunal.

(3.) THE appellant Insurance Company in CMA No. 1097/2011 (NIA vs. Dhani Devi) has also filed an interim application under Order 41 Rule 27 CPC for taking on record additional documents, which was not opposed and, therefore, same is allowed and the additional documents filed along with the said application were considered by this Court during the course of hearing.