NATIONAL INSURANCE COMPANY LTD. Vs. RANI

JUDGEMENT

(1.) The learned Presiding Officer, Motor Accident Claims Tribunal, East District, Delhi in MACT case no. 82/2011 vide the Award dtd. 15/5/2013 ("impugned Award") accepted the claim and awarded a compensation of Rs.32,75,505.00 (Rupees Thirty Two Lacs Seventy Five Thousand Five Hundred and Five only) along with interest @ 7.5% per annum from the date of filing of the present petition till the date of realization in favour of the claimants while deducting the amount of interim compensation, if any and directed the Insurance Company to pay the compensation amount within a period of one month. MAC. APP. 734/2013 is preferred by the Appellant/ National Insurance Company Ltd. for setting aside the impugned Award dtd. 15/5/2013 whereas MAC. APP. 1117/2013 is preferred by the Claimants for enhancement of compensation amount in terms of the impugned Award dtd. 15/5/2013.

(2.) Both these appeals arise out of the impugned Award dtd. 15/5/2013 passed by the learned Claims Tribunal which arise out of the same incident. Hence both these appeals are heard together and disposed of by this common judgment.

(3.) The learned Claims Tribunal vide the impugned Award dtd. 15/5/2013 held that the Insurance Company is liable to pay compensation to the Claimants at the first instance with recovery rights against the Respondent No.7 (Driver) and Respondent No.8 (Owner). The relief granted by the learned Claims Tribunal is as under:-