UNION OF INDIA Vs. ASHWATHANARAYAN S SHARMA

JUDGEMENT

(1.) As both these appeals raise identical and common questions arising out of common judgment and award under the Motor Vehicles Act 1939 (the Act for short) they are being disposed of jointly by this common judgment.

(2.) In First Appeal No. 1311 of 1991 the appellants who are the original opponents have questioned the legality and validity of the award of Rs. 9 94 40 whereas the appellant in First Appeal No. 1542 of 1991 has invoked the powers of this Court for enhancement of the amount of compensation for the personal injuries arising out of a road accident. Thus the appellants in both the appeals have challenged the award and judgment passed in Motor Accident Claim Petition No. 912 of 1996 decided by the Motor Accident Claims Tribunal (Aux.) Ahmedabad (the Tribunal for short) on 25-6-1991 whereby the original claimant/appellant in First Appeal No. 1542 of 1991 is awarded an amount of Rs.9 94 40 with running interest at the rate of 12% per annum from the date of the application till realisation with proportionate costs. The parties are hereinafter referred to as they were arraigned before the Tribunal.

(3.) A resume of the material facts giving rise to the present appeal may be narrated at this juncture.