NEW INDIA ASSURANCE CO LTD Vs. ADARSHA BHATIA

JUDGEMENT

(1.) SINCE all the three appeals under Section 173 of the Motor Vehicles Act, 1988 (for short the Act) have arisen out of the same motor vehicle accident, therefore, for the sake of convenience they are being decided by this common judgment.

(2.) A .O. No. 250 of 2007 is directed against the judgment and award dated 26.11.1999, passed by the Motor Accident Claims Tribunal/Aditional District Judge, FTC -I Dehradun (for short the Tribunal) in Motor Accident Claim Petition No. 215 of 2003, Smt. Adarsh Bhatia and another Vs. Smt. Shyamarani and others, whereby the claim petition was partly decreed against the opposite party nos. 1 to 3 and the Insurance Company - O.P. No. 3 was directed to pay a sum of Rs. 9,25,406/ - along with interest @ 6% per annum as compensation within a period of 1 1/2 month to the claimants from the date of claim petition till the date of payment as mentioned in the impugned award. On the other hand, the claimant -respondent nos. 1 and 2 have filed Cross -objection (No. 1711 of 2008) in the appeal and have claimed that the learned Tribunal has committed error in computing the income of the deceased.

(3.) A .O. No. 423 of 2007 is directed against the judgment and impugned award dated 2.6.2007 passed by the learned Tribunal in Claim Petition No. 193 of 2004 Shri Gurdayal Vs. Smt. Shyama Rani and others, whereby a sum of Rs. 25,000/ - along with interest @ 6% per annum has been awarded as compensation in favour of the injured -claimant as against the New India Insurance Company as mentioned in the impugned award. This appeal has been preferred for enhancement of compensation by the claimant -appellant.