LAWS(DLH)-2015-2-473

UNITED INDIA INSURANCE CO LTD Vs. JAY DEVI

Decided On February 03, 2015
UNITED INDIA INSURANCE CO LTD Appellant
V/S
Jay Devi Respondents

JUDGEMENT

(1.) THESE four appeals (MAC.APP.298/2012, MAC.APP.332/2012, MAC.APP.345/2012 and MAC.APP. 343/2012) relate to a motor vehicular accident which occurred on 02.12.2005 wherein Rakesh Batra and his wife Cheena Batra succumbed to fatal injuries. Two claim petitions each were filed by Jay Devi and Tara Chand, parents of Rakesh Batra and by baby Mehak, the minor daughter of deceased Rakesh Batra and Cheena Batra. It is stated that Jay Devi has since expired. Since husband of Jay Devi, namely Tara Chand is already on record and the minor child of the deceased Rakesh Batra and Cheena Batra is also on record, name of Jay Devi is ordered to be deleted from the array of the parties. Necessary deletion has been carried out by the Court Master under his signatures today itself.

(2.) BY impugned judgment dated 20.12.2011 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) compensation was awarded in favour of the Claimants i.e. Jay Devi, Tara Chand and Baby Mehak Batra. Jay Devi and Tara Chand are the parents of deceased Rakesh Batra and parents -in -law of deceased Smt. Cheena Batra. Baby Mehak Batra is the daughter of the deceased Rakesh Batra and Smt. Cheena Batra.

(3.) MAC APP.298/2012 and MAC APP.332/2012 have been filed by the Appellant United India Insurance Company Limited disputing the liability, whereas MAC APP. 343/2012 and MAC APP.345/2012 have been filed by Baby Mehat Batra for enhancement of compensation.