LAWS(UTN)-2007-10-60

NATIONAL INSURANCE CO LTD THROUGH DIVISIONAL MANAGER; SUKHBIR SINGH S/O PRITHVI SINGH; PRITHVI SINGH S/O MALKHAN SINGH; INCHHARAM S/O BHAGIRATH AND; DHEERAJ SINGH S/O BHAGIRATH Vs. SUASH CHAND AND ORS ; NATIONAL INSURANCE COMPANY LTD THROUGH DIVISIONAL MANAGER; SUBHASH CHANDRA S/O LATE CHAMANLAL AND; SUSHMA WIFE OF LATE SUBHASH CHANDRA

Decided On October 10, 2007
NATIONAL INSURANCE CO LTD THROUGH DIVISIONAL MANAGER; SUKHBIR SINGH S/O PRITHVI SINGH; PRITHVI SINGH S/O MALKHAN SINGH; INCHHARAM S/O BHAGIRATH AND; DHEERAJ SINGH S/O BHAGIRATH Appellant
V/S
SUASH CHAND AND ORS ; NATIONAL INSURANCE COMPANY LTD THROUGH DIVISIONAL MANAGER; SUBHASH CHANDRA S/O LATE CHAMANLAL AND; SUSHMA WIFE OF LATE SUBHASH CHANDRA Respondents

JUDGEMENT

(1.) Heard Sri Lalit Belwal, counsel for the Insurance Company, Sri Vivek Shukla, counsel for the claimants and Sri Arvind Vashisth, counsel for the driver and the owner.

(2.) By the A.O. No. 162 of 2003 filed under Section 173 of the Motor Vehicles Act, 1988, Insurance Company has prayed for setting aside the award dated 16.4.2003 passed by the Motor Accident Claims Tribunal/Additional District Judge, Haridwar in Motor Accident Claim Case No. 21 of 2000 Sri Subhash Chandra and Ors. v. Sri Sukhhir Singh and Ors. whereby the claims tribunal has awarded a sum of Rs. 1,74,500/- to the claimants along with interest @ 9% per annum.

(3.) By the A.O. No. 80 of 2003, the driver-owner have prayed for setting aside the award dated 16.4.2003 passed by the Motor Accident Claims Tribunal/Additional District Judge, Haridwar in Motor Accident Claim Case No. 21 of 2000 Sri Subhash Chandra and Ors. v. Sri Sukhbir Singh and Ors. whereby the claims tribunal has awarded a sum of Rs. 1,74,500/- to the claimants along with interest @ 9% per annum.