NEW INDIA ASSURANCE CO. LIMITED Vs. FARZANA RAHAT

JUDGEMENT

(1.) The subject-matter of challenge in the present case is the award dtd. 16/4/2013 ("impugned award") passed by the learned Presiding Officer, Motor Accident Claims Tribunal, Saket Courts, New Delhi, in suit no. 61/2012 titled as Smt. Farzana Rahat v. Mr. Aas Mohammad. Vide the impugned award, the learned Claims Tribunal awarded a sum of Rs.25,31,583.00 (Rupees Twenty Five Lacs Thirty One Thousand Five Hundred and Eighty Three only) along with interest @ 7.5% per annum including interim award if any, from the date of filing the petition i.e. 19/11/2012 till the notice under Order XXI Rule 1 CPC was given by the respondents. Respondent no. 3 i.e. the insurance company, was directed to deposit the award amount within a period of thirty days. The Insurance Company was also directed to pay further interest @ 12% per annum in case of non-payment of the said amount within thirty days.

(2.) Against the impugned award, MAC.APP. 555/2013 has been preferred by the Appellant/ New India Assurance Company Ltd. for setting aside the impugned Award dtd. 16/4/2013 whereas MAC.APP. 834/2013 has been preferred by the Claimants for enhancement of compensation amount in terms of the impugned Award dtd. 16/4/2013.

(3.) Both these appeals arise out of the impugned Award dtd. 16/4/2013 passed by the learned Claims Tribunal and have their genesis in the same incident. Hence, both these appeals are being heard together and disposed of by this common judgment.