SHRIRAM GENERAL INSURANCE CO. LTD. Vs. GIRDHARI RAM

JUDGEMENT

(1.) Heard learned counsel for the parties. These appeals have been preferred by the appellant, Shriram General Insurance Company Ltd., against the common judgment and award dated 13.6.2013 passed by the learned Judge, Motor Accident Claims Tribunal, Raisinghnagar, District Sri Ganganagar whereby the learned Tribunal awarded varying sums of compensation to the claimants in nine claim petitions arising out of a single accident.

(2.) The accident occurred on 15.2.2011 when a Bolero Jeep bearing registration No. RJ-13-UA-1204 carrying 12 passengers was going from Jhontawali to Khetpal Temple, Rawatsar. The respondent No. 4 Shiv Dutt, the respondent No. 5 Sandeep Kumar and the respondent No. 6 New India Assurance Company were respectively the driver, the owner and the insurer of the jeep. It is alleged that when the jeep reached the link road ahead of Dhaba Jhallar, a tractor with a trolley full of firewood bearing registration No. RJ-05-IR-6185 came from the side lane at a great pace and collided with the jeep. All the passengers sitting in the jeep were injured as a result of the collision. As a consequence of the accident, Rameshwari Devi sitting in the jeep died at the spot.

(3.) Patram, who was also travelling in the jeep, filed an F.I.R. No. 37/2011 against the tractor driver Iqbal Singh. The police after investigation charge-sheeted the tractor driver for the offences under Sections 279, 337 and 304A I.P.C. Nine claim petitions as mentioned above were filed by the occupants of the jeep, one in relation to the death of Rameshwari Devi mother of Patram and others being in relation to the injuries received by the passengers of the jeep for varying amounts of compensation.