SARITA SHARMA Vs. MOHD. USMAN

JUDGEMENT

(1.) These two appeals have been preferred against the same judgment and award dtd. 7/3/2015 passed by Motor Accident Claims Tribunal/Special Juede (E.C.), Act, Ghaziabad (hereinafter referred to as ''Tribunal') in M.A.C.P. No. 264 of 2012 (Smt. Sarita Sharma and another Vs. Mohammad Usman and others), whereby the claim petition of the claimants was allowed and awarded a sum of Rs.34,50,000.00 as compensation to the claimants with interest at the rate of 6% per annum. Learned Tribunal also held contributory negligence to the tune of 50% each of the drivers, involved in the accident.

(2.) The claimants have preferred an appeal bearing No. F.A.F.O. No. 1164 of 2015 for enhancement of compensation and setting aside the part of contributory negligence on the part of the deceased/driver of the car, whereas, the Insurance Company of the truck preferred an appeal bearing No. F.A.F.O. No. 1053 of 2015, mainly on the ground that the truck in question was not involved in accident and if not so, the deceased was the major contributor to the accident.

(3.) Heard Mr. Vivek Saran, learned counsel for the appellants-claimants and Mr. Nishant Mehrotra, learned counsel for the Insurance Company-respondents. Perused the record.