NEW INDIA ASSURANCE COMPANY LTD Vs. PUSHKAR SINGH

JUDGEMENT

(1.) SINCE both the appeals have arisen out of the accident of Truck No. UP Op -0078 on 16 -10 -1998 at 3:30 pm, therefore, both the appeals have been heard together and are being disposed of by this common judgment.

(2.) APPEAL from Order No. 168/2002 under section 173 of the Motor Vehicles Act, has been filed by the New India Assurance Company Ltd. against the award dated 07 -05 -2002 passed by the Motor Accident Claims Tribunal/District Judge, Chamoli (hereinafter referred as 'Tribunal'), in MAC.P. No. 16/1999 (Pushkar Singh Vs. The New India Assurance Co. & others) arising out of the accident of Truck No. UP 05 -0078 on 16 -10 -1998 at 3:30 pm. In M.A.C.P. No. 16/1999 the learned Tribunal had awarded a sum of Rs. 3,14,700/ - to the claimants against the New India Assurance Co. Ltd. alongwith interest @ 6% annum from the date of filing of the claim petition till the date of payment.

(3.) APPEAL from Order No. 207/2005 under section 173 of the Motor Vehicle Act has been filed by the claimants against the award dated