ORIENTAL INSURANCE CO LTD Vs. NEELAM KUMARI

JUDGEMENT

(1.) These three appeals are being disposed of by a common judgment since identical questions of law and fact are involved in the case.

(2.) FAO Nos. 149 of 2008 and 360 of 2007 have been filed by the Insurance Company challenging the award and FAO No. 78 of 2008 has been filed by the owner and driver challenging the quantum of compensation.

(3.) Briefly stated the facts of the case are that Neelam Kumari and three others filed claim petition No. MACP No. 63-K of 2000 alleging that the deceased Kultar Chand, husband of claimant No. 1 and father of claimants 2 and 3 and son of claimant No. 4 died in a motor vehicle accident involving Jeep No. HP-53-1620. It is not disputed that this jeep was a goods vehicle. According to the claimants, the deceased was travelling in the Jeep from Pathankot to Kangra and the Jeep was being driven in a rash and negligent manner by its driver Ramesh Chand. The Jeep hit a tree resulting in the death of Kultar Chand. According to the claimants Kultar Chand was working as a Peon and was earning monthly salary of Rs. 6557/-.