NEW INDIA ASSURANCE CO LTD Vs. SNEH LATA

JUDGEMENT

(1.) These two appeals (M.A.C. Appeal No. 695 of 2011 and M.A.C. Appeal No. 858 of 2012) arise out of a common judgment dated 18.4.2011 passed by the Motor Accidents Claims Tribunal (the Claims Tribunal) whereby a compensation of Rs. 42,05,000 has been awarded in favour of the claimants by the Motor Accidents Claims Tribunal (the Claims Tribunal) for the death of Joginder Pal Singh who died in a motor vehicle accident which occurred on 11.8.2010.

(2.) M.A.C. Appeal No. 695 of 2011 has been filed by the appellant insurance company primarily on the ground that the respondents-claimants failed to prove that the accident was caused on account of rash and negligent driving of vehicle No. DL 1L-K 3550 driven by Radhey Shyam and thus the owner or for that matter the appellant insurance company could not be held liable to pay the compensation. It is stated by the learned counsel for the appellant that the compensation awarded is excessive and exorbitant.

(3.) On the other hand, in cross-appeal (M.A.C. Appeal No. 858 of 2012) the plea raised by the cross-objectionists (claimants) is that the Claims Tribunal erred in deducting a sum of Rs. 46,800 towards tax liability which was not correctly assessed.