JUDGEMENT
H.R. Panwar, J. -
(1.) These two appeals are directed against the common judgment and award dated 19th September, 1996 passed by the learned Judge, Motor Accident Claims Tribunal, Udaipur (hereinafter referred to as the Tribunal) whereby he awarded compensation for a sum of Rs. 1,88,000/- in favour of the respondent-claimants in Appeal No. 110/97 (Original M.A.C.T. Case No. 114/93) and in Appeal No. 38/97 (Original M.A.C.T. Case No. 384/92). By this common judgment, the Tribunal awarded Rs. 67,000/- compensation in favour of the claimant in Original M.A.C.T. Case No. 71/93 alongwith interest at the rate of 12% per annum from the date of application till the date of realisation. Since both the appeals arise out of the common judgment and law and facts, are common, therefore, I decide these appeals by common judgment.
(2.) Brief facts of the case out of which these appeals have arisen, are that on 10th September, 1992 at about 3.00 P.M., deceased Altaf Hussain, Bhanwarlal Bogoria and Om Prakash were going on TVS Moped from College Campus to hostel. At that time, a Metador No. RNY-346 came from opposite direction, which was driven by its driver Bhawani Shanker at a great speed with rashly and negligently. The Metador hit the Moped and its riders. After having dashed against the Moped, it was dragged about 20-25 feets along with Metador, resulting thereby, the Moped rider Altaf Hussain and pillion riders Bhanwarlal and Om Prakash sustained severe injuries. Altaf Hussain and Bhanwarlal succumbed injuries instantaneously. However, Om Prakash was taken to Hospital in seriously injured condition.
(3.) The parents of Altaf Hussain, who are legal representatives of deceased filed a claim petition No. 384/92 claiming compensation for a sum of Rs. 10,12,000/- and the Legal representatives of deceased Bhanwarlal filed a claim petition No. 114/93 claiming compensation for a sum of Rs. 18,39,000/- against respondents No. 7, 8 and appellant-insurer. A similar claim petition No. 71/93 was also filed by injured Om Prakash claiming compensation for a sum of Rs. 3,13,000/-.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.