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2015 Supreme(HP) 441

MANSOOR AHMAD MIR
Oriental Insurance Company Ltd. – Appellant
Versus
Geeta Devi – Respondent


Advocates:
Advocate Appeared:
FAOs No. 140 & 146 of 2008
For the appellant(s) : Nemo
For the respondents:Mr. Surinder Saklani, Advocate, for respondent No. 1.
Mr. Lovneesh Kanwar, Advocate, for respondents No. 2 & 3.
FAOs No. 194 & 195 of 2008
For the appellant(s) :Mr. Lovneesh Kanwar, Advocate.
For the respondents:Mr. Surinder Saklani, Advocate, for respondent No. 1.
Mr. Dhruv Shaunak, Advocate, vice Mr. Vikram Thakur, Advocate, for respondent No. 2.
Nemo for respondent No. 3.

JUDGMENT

Mansoor Ahmad Mir, J.

By this judgment and order, all the appeals are being disposed of together because they are outcome of a motor vehicular accident, which was caused by driver, namely, Kali Dass @ Ramesh Kumar, while driving Swaraj Mazda bearing registration No. HP-28-1666, rashly and negligently.

2. In FAOs No. 140 & 146 of 2008, the insurer-Oriental Insurance Company Limited has questioned the awards passed in Claim Petition No. 67 of 2004 titled as Smt. Geeta Devi versus Jaiwanti Devi & others and Claim Petition No. 68 of 2004, titled as Raj Kumar versus Jaiwanti Devi & others, dated 4th January, 2008, hereinafter referred to as ‘the impugned awards’, on grounds taken in the memo of appeals.

3. By the medium of FAOs No. 194 & 195 of 2008, the owner has questioned the aforesaid impugned awards, on the grounds taken in the memo of appeals.

Brief Facts:

4. The claimants being victims of the motor vehicular accident had filed claim petitions before the Tribunal for grant of compensation, as per the break-ups given in the respective claim petitions. It is averred in the claim petitions that on 08.02.2004, Parvej Kumar and Raj Kumar had boarded Swaraj Mazda bearing registrat





























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