R.K. Gauba, J. - (1.) Dr. Sangeeta Gupta (the claimant), appellant in MAC APP.1095/2016, then 32 years, a highly educated person having attained the degree of Ph.D., working as Reader in Harsaran Dass Dental Medical College, Ghaziabad with past experience of teaching in the capacity of Lecturer in Bio-chemistry in the Institute of Higher Learning, NIMS, Jaipur was travelling as a passenger of Maruti Van bearing registration No.DL-2CE-0600 (hereinafter, "the Maruti Van") with five students on 22.08.2003, at about 8:15 a.m., when the said vehicle met with an accident with a Santro car bearing registration No.UP-Z-001-9121 (hereinafter "the Santro car"). Due to the collision, the Maruti van turned turtle and fell into a ditch on the roadside resulting in all its occupants including she (the claimant) suffering injuries, the injuries sustained by her primarily affecting the head region.
(2.) The claimant had initially instituted accident claim case before the Motor Accident Claims Tribunal at Meerut, U.P. on 12.08.2004 but, after some inquiry, it was returned by the said Tribunal for it to be instituted afresh before the Tribunal at Delhi. She brought her claim petition (MAC No.1161/2010) before the Tribunal at Delhi on 04.10.2016 in which she impleaded Satish Kumar, one of the respondents herein, he being the driver of the Santro car and M/s. TATA AIG Insurance Company Limited (appellant in MAC APP.61/2017) as respondents. She also impleaded Raj Rani, owner of the Maruti van and M/s. National Insurance Company Limited (insurer of the said vehicle), both being reflected in the array before the tribunal as third and fourth respondents respectively, they being party respondents to these appeals.
(3.) The claim case resulted in inquiry in the course of which evidence was led by both sides. On the conclusion of the said inquiry, the Tribunal, by its judgment dated 05.09.2016, upheld the case for compensation on the principle of fault liability holding the driver of the Santro car responsible. The Tribunal assessed the compensation in the sum of Rs. 13,24,473/- and directed the insurer of the Santro car (appellant in MAC APP.61/2017) to pay the same with interest @ 12%, from the date of filing of the petition till realization.;