NEW INDIA ASSURANCE CO LTD Vs. NIRMALA DEVI

JUDGEMENT

(1.) The 2 captioned appeals arise out of the same accident which took place on 3.3.1979. The insurance company prays that its liability should be held to be limited to the extent of Rs.50,000/-. Claimants pray that compensation be enhanced.

(2.) As a result of the accident, Prakaram Chand aged 34 years received fatal injuries. He died. He left behind a wife, 4 minor children and mother. His mother died during the pendency of the claim petition.

(3.) After discussing the evidence on record pertaining to the accident and holding the driver of the offending vehicle guilty of rash and negligent driving, Tribunal awarded a compensation of Rs.1,72,800/- to the claimants. The owner, driver and the insurance company have been held liable to pay under the award.