SHANTI BAI Vs. RAJU ALIAS RAJKUMAR

JUDGEMENT

(1.) The present two appeals under Section 173 of the Motor Vehicles Act, 1988, arise out of the award dated 30.12.2008 passed by the Motor Accident Claims Tribunal (F.T.C.), Pendraroad, District Bilaspur, in Claim Case No. 40/2006.

(2.) Vide the impugned award, the learned Tribunal, in a death case, under Section 166 of the Motor Vehicles Act, has awarded a compensation of Rs.2,23,500/-, with interest at the rate of 10% per annum from the date of presentation of the claim application. While passing the award, the learned Tribunal has fastened the liability of payment of compensation upon the insurance company to the extent of Rs.1,00,000/- and the liability for payment of the balance amount of Rs. 1,23,500/- has been fastened upon the owner and driver of the offending vehicle.

(3.) Mac No.448/2009 is an appeal preferred by the claimants seeking enhancement of the compensation awarded and MAC No.1066/2009 is an appeal by the owner and driver of the offending vehicle challenging the liability which has been fastened upon them to pay the compensation of Rs.1,23,500/-.