NEW INDIA ASSURANCE COMPANY LTD. Vs. WASHEEMA BANO

JUDGEMENT

(1.) Both the First Appeals From Order have been filed under Sec. 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as, 'Act, 1988') and arise from the same award of the Tribunal, i.e., the judgment and award dtd. 26/3/2016 passed by the Motor Accident Claims Tribunal/FTC Court, District-Lakhimpur Kheri (hereinafter referred to as, 'Tribunal') in Motor Accident Claim Petition No. 339 of 2014 and were therefore connected and have been heard together.

(2.) Motor Accident Claim Petition No. 566 of 2016 has been filed by the Insurance Company, which was one of the defendant in Motor Accident Claim Petition No. 339 of 2014 and has been filed to set aside the award dtd. 26/3/2016. Motor Accident Claim Petition No. 145 of 2017 has been filed by the claimants for enhancement of compensation. The Insurance Company is the appellant in F.A.F.O. No. 566 of 2016 and shall be referred as Insurance Company in the present judgement, the claimants are respondent Nos. 1 to 8 in the aforesaid appeal and shall be referred as claimants in the present judgement. The owner of the offending vehicle is respondent No. 9 in F.A.F.O. No. 566 of 2016 and shall be referred as the owner of the vehicle. The driver of the offending vehicle has been arrayed as respondent No. 10 in F.A.F.O. No. 566 of 2016 and shall be referred as driver of the offending vehicle in the present judgement.

(3.) Claimant No. 1 is the wife of the deceased, claimant No. 2 is the mother of the deceased, claimant Nos. 3 to 7 are the sons of the deceased and claimant No. 8 is the daughter of the deceased. On the date of the accident claimant Nos. 3 to 6 were major and between 18 to 23 years.