ORIENTAL INSURANCE CO LTD Vs. MAHABUNNI

JUDGEMENT

(1.) These appeals are heard together, as they are preferred against the same award. The former is by the insurer and the latter by the claimants.

(2.) The facts of the case are - the claimants are the mother and brother of the deceased victim of a motor acci dent. The deceased was riding a motor cycle registered in the name of his brother, when he was said to have been fatally knocked down by a lorry, that did not stop. In the claim for compensation brought against the insurer of the motor cycle, the insurer had contested the claim and disputed the liability, on the grounds that the risk of a rider of a motor cycle is not covered and that the owner and insurer of the offending lorry were not made parties. In spite of this defence, the Claims Tribunal having found the insurer liable to pay the compensation, the insurer is in appeal.

(3.) On the other hand, the claimants in their appeal are seeking enhancement of compensation.