ICICI LOMBARD GENERAL INSURANCE COMPANY LTD THROUGH DIVISIONAL MANAGER Vs. JAGGI; PAPPU; JOSHI; KAMLI; SOVNI; JYOTI RAWAL; SANKI; METI; PINKA; SAVI; RUKI; AMBA

JUDGEMENT

(1.) These appeals are directed against the judgment & awards dated 25/9/2012 passed by the Motor Accident Claims Tribunal, Abu Road ('the Tribunal'), whereby, the Tribunal has awarded compensation to the tune of Rs.3,26,000/- in the case of Smt. Jaggi and a sum of Rs.5,09,800/- in the case of Smt. Sanki along with interest @ 6% p.a. w.e.f. the date of filing application i.e. 17/6/2009 to the date of payment and in case the amount of compensation was not paid within two months interest @ 9% p.a. was ordered to be paid and the appellant Insurance Company has been held liable for payment of compensation.

(2.) The applications for compensation were filed by Smt. Jaggi & others and Smt. Sanki & others inter alia with the averments that on 23/12/2007, Uda, husband of Smt. Jaggi and Deeta husband of Smt. Sanki were travelling in Truck No.RJ-27-G-8001 as labourers for the purpose of loading and unloading the cement bags, when at about 5.00 p.m. at Ghatanadi the driver of the Truck, who was driving the Truck rashly and negligently, could not control the same and the Truck turned turtle, resulting in death of Truck driver and Uda on the spot and Deeta died during the treatment.

(3.) It was claimed that both the deceased, Uda & Deeta, used to earn Rs.3300/- per month by way of manual labour and agricultural operations, Uda was aged 50 years and Deeta was aged 30 years. Based on the said averments compensation was claimed.