ORIENTAL INSURANCE COMPANY LTD. Vs. DALWINDER SINGH @ BHUPINDER SINGH
LAWS(P&H)-2016-5-14
HIGH COURT OF PUNJAB AND HARYANA
Decided on May 17,2016

ORIENTAL INSURANCE COMPANY LTD. Appellant
VERSUS
Dalwinder Singh @ Bhupinder Singh Respondents

JUDGEMENT

HARINDER SINGH SIDHU, J. - (1.) This judgment shall dispose of two appeals i.e. FAO Nos.1538 and 1557 of 2016, as both have been filed by the Insurance Company (The Oriental Insurance Company Limited) against two different awards dated 15.1.2016 passed by Motor Accident Claims Tribunal, Hoshiarpur (for short 'the Tribunal), but arising out of the same accident, which occurred on 27.1.2015, wherein, Harwinder Kaur and Harpreet Kaur had lost their lives.
(2.) Two different claim petitions were filed by the legal heirs of the deceased. The Tribunal awarded compensation of Rs.10,85,000/ - and Rs.11,45,000/ - for the deaths of Harwinder Kaur and Harpreet Kaur, respectively. Brief facts of the case are that on 27.1.2015, Harwinder Kaur and Harpreet Kaur were returning back to village Tutomazara after taking medicine from Mahilpur on Activa Scooter No.PB -07AT -1145. The scooter was driven by Harwinder Kaur, while Harpreet Kaur was the pillion rider. They were followed by Jarnail Singh resident of Tutomazara on his scooter No.PB -07J -2051. At about 2.30 PM, when they reached near the turning of village Tutomazara, a Bolero No.PB -11AK -2828 being driven rashly and negligently by respondent No.5 came from back side and struck against the Activa Scooter, as a result of which, both the occupants of the scooter fell down on the pucca portion of the road and sustained serious injuries. The scooter got entangled with the Bolero Jeep and it was dragged for quite a long distance. Harwinder Kaur and Harpreet Kaur died at the spot due to accidental injuries. FIR No.11 dated 27.1.2015 under Sections 304 -A, etc. IPC was registered in Police Station Chabewal against respondent No.6 - Bhupinder Singh alias Sonu.
(3.) The legal heirs of the deceased filed claim petitions before Motor Accident Claims Tribunal, Hoshiarpur (for short 'the Tribunal).;


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