ORIENTAL INSURANCE COMPANY LTD Vs. ANITA

JUDGEMENT

(1.) These three Appeals arise out of a judgment dated 05.12.2009 passed by the Motor Accident Claims Tribunal(the Claims Tribunal) whereby two Claim Petitions, that is, MAC Suit No.176/2005 titled Babita & Ors. v. Surender & Ors., and MAC Suit No.183/2005 titled Anita v. Surender & Ors., were decided. A compensation of Rs. 13,63,500/- was awarded to the legal heirs of the deceased Pradeep Kumar in MAC Suit No.176/2005 and a compensation of Rs. 54,000/- was awarded in favour of Anita in MAC Suit No.183/2005 for having suffered injuries in the motor vehicle accident which occurred on 06.04.2005.

(2.) MAC.APP.180/2010 and MAC.APP.181/2010 have been preferred by the Oriental Insurance Co. Ltd. In MAC APP No.180/2010, the Insurance Company challenges the quantum of compensation, the finding of negligence as well as the liability, whereas in MAC APP 181/2010 only the liability is challenged. MAC APP 193/2010 is preferred by the legal heirs of deceased Pradeep Kumar whereby they seek enhancement of compensation awarded by the Claims Tribunal.

(3.) For the sake of convenience, the Appellant in MAC.APP.180/2010 and MAC.181/2010 shall be referred to as the Insurance Company, whereas the Appellants in MAC.APP.193/2010 shall be referred to as the Claimants.