PARNIYA BAI Vs. SHEKHANLAL MANHARE

JUDGEMENT

(1.) These are two separate appeals under Section 173 of the Motor Vehicles Act, 1988, assailing the same award passed on 16.11.2010 by the Chief Motor Accident Claims Tribunal, Dhamtari, in Claim Case No. 89/2010.

(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.2,92,000/- in favour of the claimants with interest thereon at the rate of 6% per annum from the date of presentation of the claim application. Further, while passing the award, the learned Tribunal has exonerated the insurance company of its liability and fastened the liability for payment of compensation upon the owner of the offending vehicle i.e. a Tractor and Trolley, bearing registration no. CG05-G/0688 and CG05-G/0689.

(3.) M.A.(C) No. 767/2011 is an appeal filed by the claimants seeking for enhancement of compensation awarded. M.A.(C) No. 576/2011 is an appeal by the owner of the offending vehicle assailing the liability which has been fastened upon him, in spite of the offending vehicle being duly insured.