NEW INDIA ASSURANCE CO LTD Vs. NIRMALA DEVI

JUDGEMENT

(1.) THE two 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. The claimants pray that the compensation be enhanced.

(2.) AS a result of the accident, Prakaram chand aged 34 years received fatal injuries. He died. He left behind his wife, 4 minor children and mother. His mother died during 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, the 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.