RELIANCE GENERAL INSURANCE COMPANY LTD. Vs. ANIL NATH

JUDGEMENT

(1.) These two appeals arise out of a common motor vehicle accident and common judgment and award passed by learned Tribunal and involve identical questions of fact and law. Accordingly, both the appeals are being disposed of together by this common judgment.

(2.) The appeal being AO No.503 of 2012 has been preferred by the Insurance Company seeking absolution from liability, whereas AO No.35 of 2013 has been filed by the claimant seeking enhancement of compensation awarded by the Tribunal to the tune of Rs.1,60,265.00.

(3.) These proceedings arose out of a motor accident claim petition instituted before the Motor Accident Claims Tribunal, District Pithoragarh, wherein the claimant sought compensation for grievous injuries sustained in a road accident dtd. 29/6/2009. The learned Tribunal, after appreciating the pleadings and evidence on record, decided the claim petition by judgment and award dtd. 4/8/2012. The present narration records the factual background, pleadings of the parties, issues framed by the Tribunal and the findings returned thereon.