JUDGMENT Kuldip Chand Sood, J. - By this judgment, we propose to dispose of these four appeals are they arise out of the same accident and the facts. The question involved in these appeals is also the same.

2. Appellant New India Assurance Company, hereinafter referred as "Company" insured Bus with registration No. DEP 6466. This bus was used for carrying passengers for hire. The bus was owned by Harbans Lal respondent. Kulwant Singh respondent No. 6 was the Driver of the bus at the relevant time. The Insurance Policy issued by the appellate Company was in force at the relevant time.

3. On March 20, 1989, the bus carrying passengers on its way to Jawalamukhi met with an accident near Jawalamukhi in the District of Kangra. The driver could not negotiate a curve. The bus turned turtle and fell on the right side of the road. Some of the passengers died while the other received multiple injuries including grievous injuries.

4. Claim petitions arising out of this accident were filed before the learned Motor Accident Claims Tribunal (1) Kangra at Dharamshala. The claims Tribunal made the following award by his impugned award(s), which are subject of these appeals:

1. FAO No. 145of 1991. "In view of my aforesaid discussion and finding, I hold that the petitioners are entitled for the compensation to the tune of Rs. 51,000/- in all and it is awarded against respondent No.

3. Respondent No. 3 has already paid Rs. 15,000/- for "no fault liability" to the petitioners. This amount of Rs. 51,000/- includes Rs. 15,000/- which has already been paid by respondent No. 3 under Section 92-A of the Motor Vehicles Act. Respondent No. 3 is directed to deposit the awarded amount, which remains to be left to be deposited Rs. 36,000/-, within a period of one month from today with interest at 12% per annum from the date of application till its realization. Out of the amount of Rs. 36,000/- to be deposited by respondent No. 3, Rs. 10500/-each shall be paid to the petitioners Nos. 1 and 2 and Rs. 5000/- each to petitioners Nos. 3 to 5, who are minors. The amount of the share of petitioners Nos. 1 and 2 shall be paid to them in cash while the amount of the share of petitioners Nos. 3 to 5, who are minors, shall be invested in fixed deposit in some Nationalized Bank or Government securities for a maximum period till the minors attain majority. The said amount shall not be withdrawn by the petitioners without the permission of the Tribunal..........."

2. FAO No. 168 of 1991. "In view of my above said discussion and findings, I hold that the petitioners are entitled for the compensation to the tune of Rs. 29,000/- in all and it is awarded against respondent No.

3. Respondent No. 3 has already paid Rs. 15,000/- for "no fault liability" to the petitioners. This amount of Rs. 29,000/- includes Rs. 15,000/- which has already been paid by respondent No. 3 under Section 92-A of the Motor Vehicles Act. Respondent No. 3 is directed to deposit the awarded amount, which remains to be left to be deposited Rs. 15,000/- within a period of one month from today with interest at 12% per annum from the date of application till its realization. Out of the amount of Rs. 14,000/- to be deposited by respondent No. 3, Rs. 2000/- each shall be paid to the petitioners Nos. 3, 4 and

5. The amount of the share of petitioners Nos. 1 and 2 shall be paid to them in cash while the amount of the share of petitioners Nos. 3 to 5, who are minors, shall be invested in fixed deposit in some Nationalized Bank or Government securities for a maximum period till the minors attain majority. The said amount shall not be withdrawn by the petitioners without the permission of the Tribunal........."

3. FAO No. 146 of 1991. "In view of my above said discussion and finding, I hold that the petitioners are entitled for the possession to the tune of Rs. 25,000/- in lump sum and it is awarded against respondent No.3. Respondent No. 3 has already paid Rs. 15,000/- for "no fault liability" to the petitioners. This am

Click Here to Read the rest of this document