NATIONAL INSURANCE CO. LTD. Vs. MANJU SHUKLA

JUDGEMENT

(1.) First Appeal From Order No. 1020 of 2017 (hereinafter referred to as "FAFO-1") has been filed by defendant- Insurance Company under Section 173 of Motor Vehicles Act, 1988 (hereinafter referred to as "Act, 1988") challenging judgement and award dated 29.09.2014 passed by Sri Ashwani Kumar Singh, Additional District Judge, Court No. 1, Ballia/ Presiding Officer, Motor Accidents Claims Tribunal, Ballia (hereinafter referred to as "Tribunal") in Motor Accident Claim Petition (hereinafter referred to as "MACP") No. 57 of 2010 awarding compensation of Rs. 72,47,000/-, payable 50 per cent by appellant-Insurance Company, namely, National Insurance Company Limited (hereinafter referred to as "Insurer-1") and remaining 50 per cent by New India Assurance Company Limited (hereinafter referred to as "Insurer-2") impleaded as respondent-3 in this appeal. Tribunal has also awarded 8 per cent interest on the amount of compensation which is to be computed from 11.06.2010, i.e., the date on which application for compensation was filed, till the date of payment. Respondent-1, who is claimant-respondent, is now substituted by respondent- 1/1, since died during litigation. Respondent-2, Maruti Bhai, is the owner of Truck No. MH 15G 4212 while respondent-4 Ahmad Jalil Shekh is the owner of Qualis bearing registration No. MH 04BN 1138.

(2.) First Appeal From Order No. 342 of 2015 (hereinafter referred to as "FAFO-2") has been filed by New India Assurance Company Limited i.e. Insurer-2 against the same award and grounds taken therein are also similar as taken in FAFO-1.

(3.) First Appeal From Order No. 1859 of 2013 (hereinafter referred to as "FAFO-3") is claimant's appeal which has also come up against same award being dissatisfied with quantum of compensation awarded therein and seeks enhancement of compensation to Rs. 1,12,50,000/-.