NEW INDIA ASSURANCE COMPANY LIMITED Vs. MAHESH KANYAL

JUDGEMENT

(1.) These two Appeal from Orders, preferred by the Insurance Company, are by invoking the provisions contained under Sec. 173 of the Motor Vehicle Act, 1988 (hereinafter to be referred as an "Act"), whereby they are putting a challenge to the judgment and award, as it has been rendered by the learned Motor Accident Claim Tribunal/Additional District Judge, Khatima, District Udham Singh Nagar, in MACP Case No. 308 of 2012, Mahesh Kanyal Vs. Bhure Khan and others, whereby, by the impugned award of 30/9/2014, as well as the judgment and award dtd. 30/9/2014, as rendered in MACT Case No. 313 of 2012, Nanda Kanyal Vs. Bhure Khan and others, awarding an amount of Rs.1,38,229.00 with an interest @ 7.5% payable w.e.f. 22/8/2012, i.e. date of presentation of the Claim Petition. The learned Motor Accident Claim Tribunal (hereinafter to be referred as "the Tribunal"), had proceeded to award an amount of Rs.66,89,757.00 and Rs.1,38,229.00 respectively to the claimants, which has been subjected to challenge to the present Appeal from Order.

(2.) Before venturing to answer the questions raised by the learned Senior Counsel for the appellant, while putting a challenge to the impugned award, some basic facts and features are required to be dealt with by this Court, while adjudicating upon these Appeal from Orders, on its own merits.

(3.) Brief fact are that in an accident, which had chanced on 31/12/2011, at about 5:30 p.m., near village Bastia, the applicant to the Claim Petition, who was travelling in a Santro Car, bearing registration No. UA06G-5188, is said to have met with an accident with a Canter truck, bearing registration No. UA 04E 3581. At the time, when the accidence chanced, the appellant, along with his family members and other inmates of the Car; were travelling from Shyamlatal to Khatima, and as a consequence of the accident, which has chanced on 31/12/2011, he had suffered grievous injuries.