PRAMODANI KASHYAP Vs. JAGDISH NAYAK

JUDGEMENT

(1.) These are two appeals filed under Section 173 of the Motor Vehicles Act, 1988, assailing the same award dated 1.8.2012 passed by the Motor Accident Claims Tribunal, Durg, in Motor Accident Claim Case No. 1/2011.

(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.16,85,741/- in favor of the claimants with interest thereon at the rate of 7% per annum from the date of claim application. While passing the award, the learned Tribunal has fastened the liability for payment of compensation jointly and severally upon the owner and driver of the offending vehicle, exonerating the insurance company of its liability.

(3.) M.A.(C) No. 1075/2012 is an appeal by the claimants seeking for enhancement of the compensation awarded and M.A.(C) No. 1053/2012 is an appeal filed by the owner and driver assailing the liability part which has been fastened upon them.