NEW INDIA ASSURANCE CO LTD Vs. PAPAMMA

JUDGEMENT

(1.) THESE two miscellaneous first appeals are directed againsl the judgment and award dated 4. 1. 2005 passed by the Additional Motor Accidents claims Tribunal, Srirangapatna in M. V. C, no. 188 of 2004 awarding a compensation of Rs. 3,90,000 regarding sufferance of injury in road traffic accident.

(2.) WHILE in M. F. A. No. 3381 of 1995 the insurer has assailed the award as high and excessive, in the cross-objection the claimant has described it as irrational and inadequate. Hence, both the appeals are taken up for disposal by this common judgment at the stage of admission itself as requested by both the counsel.

(3.) AS regards the cross-objection is concerned, it has been dismissed for non-prosecution. An application seeking its restoration has been filed. We have heard the said, application and considering the circumstances explained, we are satisfied that cross-objection needs to be restored. Accordingly, I. A. III of 2005 is allowed and the order dated 27. 10. 2005 dismissing the cross-objection for default is recalled and the file is restored.