LAWS(GJH)-2017-4-402

NEW INDIA ASSURANCE CO.LTD. Vs. LALJIBHAI ISHWARBHAI

Decided On April 11, 2017
NEW INDIA ASSURANCE CO.LTD. Appellant
V/S
Laljibhai Ishwarbhai Respondents

JUDGEMENT

(1.) All these matters are taken up together having arisen from the same accident which has taken place on 2nd November, 1994 between Matador and Motor Cycle. Motor Cycle was being driven by Parshottambhai who has died in the accident while the pillion rider, Laljibhai, received injuries.

(2.) In MACP No.2 of 1995, against the claim of Rs. 5,00,000/-, the Tribunal has awarded a sum of Rs. 97,320/- with 9% interest to Laljibhai having received injuries in the accident. While in MACP No.1 of 1995 where the claim amount of Rs. 10,00,000/-, the Tribunal has awarded a sum of Rs. 8,70,000/- to the Legal Representatives of the deceased, Parshottambhai.

(3.) Both the awards have been challenged by the Insurance Company while the claimants have also filed cross objections for enhancement of the compensation amount.