MINABAI Vs. SANTOSH KUMAR GUPTA

JUDGEMENT

(1.) Both the appeals have arisen out of same judgment dtd. 15/5/2015, passed by Additional Motor Accident Claims Tribunal, Pendra Road, District Bilaspur(C.G.) (hereinafter referred to as 'learned Tribunal') in MAC Case No. 03/2014, therefore, the same are deciding by this common judgment.

(2.) Vide judgment dtd. 15/5/2015, the Tribunal has passed an award of Rs.18,51,108.00 in favour of the Claimants/Appellants in MAC No. 1191/2015 (hereinafter referred to as "Claimants'). The Claimants have preferred MAC No.1191/2015 for enhancement of compensation and Reliance General Insurance Company Limited (hereinafter referred to as 'Insurance Company') has preferred MAC No. 326/2016 for set aside the impugned award passed by the Tribunal.

(3.) Brief facts relevant for disposal of this appeal are that on 30/11/2013 at about 1 PM, the deceased Sundarlal was going to Pendra Road by his motorcycle, on the way at village Pipardol vehcile bearing Registration No. CG 16 D 1627 (hereinafter referred to as 'offending vehicle') dashed his motorcycle and dragged him in a very rash and negligent manner due to that the deceased died on spot and his motorcycle was also got damaged. The offending vehicle was driven by Respondent No.1, it was owned by Respondent No.2 and it was insured by Respondent No.3 (in MAC No.1191/2015). Claimant No.1 is the wife of the deceased, Claimants No.2-4 are the children and Claimants no.5 and 6 are the parents of the deceased (in MAC No. 1191/2015). They moved an application for grant of compensation of Rs.57,00,000.00 before the Tribunal under Sec. 166 of the Motor Vehicles Act, 1988.