AJAYKUMAR PUNAMBHAI PADHIYAR Vs. AYUBBHAI ISABBHAI GHANCHI

JUDGEMENT

(1.) BOTH these appeals were heard analogously as these appeals arise out of a common award dated 15th March 2008 passed by the Motor Accident Claims Tribunal (Aux.) and Presiding Officer, Fast Track Court No.3, Vadodara in M.A.C.Petition Nos.1418 and 1416 of 1994 thereby partly allowing those applications. First Appeal No.3298 of 2008 has been filed against the award in M.A.C. Petition No.1418 of 1994 whereas the other First Appeal being First Appeal No.3300 of 2008 is preferred against M.A.C.Petition No.1416 of 1994.

(2.) BY the award in M.A.C. Petition No.1416 of 1994, a sum of Rs.25,000/ - has been awarded with interest at the rate of 7.5% per annum whereas in M.A.C.Petition No.1418 of 1994 the amount of compensation is Rs.80,500/ - with interest at the rate of 7.5% per annum from the date of filing of the claimapplication till realisation. The Tribunal below has exonerated the insurance company being opponent No.3 of the liability and directed the owner and driver of the vehicle to pay the amount.

(3.) BEING dissatisfied, the claimants have come up with these two appeals.