SARFARAZ KHAN Vs. RAMESH KUMAR KASHYAP AND ORS.

JUDGEMENT

(1.) The disposal of this appeal would also govern the disposal of M.A. (C) No. 1004 of 2008 (Branch Manager, New India Assurance Co. Ltd. v. Sarfaraz Khan) as both have arisen out of same accident and common award dated 30.4.2008 passed by the First Additional Motor Accidents Claims Tribunal, Bilas-pur, Chhattisgarh (for short 'the Claims Tribunal') in Claim Case No. 328 of 2007. Since common questions of fact and law are involved, therefore, they are heard together and being decided by this common judgment. However, for the sake of convenience, M.A. (C) No. 1023 of 2008 is taken up as the lead case.

(2.) Appellant-claimant has filed M.A. (C) No. 1023 of 2008 seeking enhancement, whereas the insurance company has filed M.A. (C) No. 1004 of 2008 for setting aside the award imposing liability upon it.

(3.) Facts leading to filing of the lead case, i.e., M.A. (C) No. 1023 of 2008 may briefly be noted thus: