ORIENTAL INSURANCE CO LTD Vs. MANIBEN

JUDGEMENT

(1.) Both these appeals arise out of the same vehicular accident and involve common questions on law and facts. Hence, they are disposed of by this common judgment.

(2.) In connection with the vehicular accident that took place on 08.07.1992 in which Chimanbhai Chaturbhai Parmar expired, respondents no.1 to 4 herein, original applicants, had preferred claim petition being M.A.C.P. No.1637 of 1992 before the Motor Accident Claims Tribunal (A-I), Kheda at Nadiad u/s.166 of the Motor Vehicles Act claiming total compensation of Rs.4.00 Lacs. The said claim petition was allowed in part, by judgment and award dated 19.02.2005, whereby, the claimants were awarded total compensation of Rs.1,82,800/- along with interest at the rate of 9% per annum from the date of application till its realization with proportionate costs.

(3.) Being aggrieved by the award, original opponent no.3-Insurance Company has preferred F.A. No.1095/2005 and the owner of the offending vehicle, original opponent no.2 [since deceased, through his heirs and legal representatives] preferred F.A. No.2442/2005.