(1.) This is a batch of ten appeals arising out of a common judgment and award of Mr. Naresh Chandra Dubey, the then Motor Accident Claims Tribunal/ 6th Additional District Judge, Aligarh, dtd. 26/2/2000, partly allowing five claim petitions. One set of appeals has been preferred by the Insurance Company, who have been held liable to indemnify, whereas the other set is by the claimants, who think that they have been inadequately compensated. There are, thus, five appeals by the Insurance Company and five by the claimants.
(2.) FAFO Nos.841 of 2000, 842 of 2000, 843 of 2000, 844 of 2000 and 845 of 2000 have been preferred by the Insurance Company, whereas FAFO Nos.1264 of 2000, 1638 of 2000, 1640 of 2000, 1642 of 2000 and 1641 of 2000 have all been preferred by the claimants, seeking enhancement of the compensation awarded. Since all the ten appeals relate to the same motor accident, giving rise to common questions of fact and law, except some difference in entitlement, based on facts in case of the claimants' appeals, this Court proposes to decide all the appeals by this common judgment.
(3.) For the sake of convenience, FAFO No.841 of 2000 shall be treated as the leading case and facts, that are common, noticed from the records of the said case. In case of the claimants' appeals, dealt with in this judgment after the Insurance Company's appeals, facts individual to each case for enhancement, would be separately noticed.
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