ORIENTAL INSURANCE COMPANY LIMITED AND ORS Vs. ABDUL KAREEM F/O LATE AFSAL ALI; KASMA BE W/O LATE AFSAR ALI; ARSAD ALI (MINOR) S/O LATE AFSAR ALI AND ORS

JUDGEMENT

(1.) Both these appeals are directed against award dated 11.10.2011, passed by Motor Accident Claims Tribunal/Additional District Judge/2nd Fast Track Court, Nainital, in Motor Accident Claim Case No. 230 of 2008, whereby the Tribunal has awarded Rs. 4,45,000/- as amount of compensation to the claimants. Insurer has filed appeal for setting aside the award against it. And claimants have filed their appeal for enhancement of amount of compensation awarded.

(2.) Heard learned counsel for the parties, and perused the record of the Tribunal.

(3.) Brief facts of the case are that on 03.07.2008, at about 6.30 p.m. Afsar Ali (deceased) was going on his motorcycle from Rudrapur to Gadarpur. On his way, near Dineshpur Bend he was hit by a truck bearing Registration No. HR04N-1023, which was being driven rashly and negligently by its driver Vinod Kumar (DW2). Afsar Ali died at the spot. A First Information Report of the accident was lodged at Police Station Gadarpur, on the basis of which, Crime No. 91 of 2008, was registered and after investigation, charge sheet (copy paper No. 6C/3 was filed against the accused Vinod Kumar (DW2) for his trial in respect of offences punishable under Section 279 and 304A I.P.C. Claimant No.1 Abdul Kareem is father of the deceased and claimant No.2 Kasma Be is widow of the deceased. Other four claimants namely Arshad Ali, Arish Ali, Muskan and Rehman are minor children of the deceased. They filed claim petition before the Motor Accident Claims Tribunal, Nainital, under Section 166 of Motor Vehicles Act, 1988, for Rs. 30,00,000/- as compensation.