NEW INDIA ASSURANCE CO. LTD. Vs. KAUSHALYA DEVI

JUDGEMENT

(1.) The aforesaid two appeals have been filed against the judgment / award dated 4.9.2004 passed by the Motor Accident Claims Tribunal / Additional District Judge 2, Kanpur Nagar (in short 'the Tribunal') in M.A.C.P. No. 316 of 2002. Since these two appeals involve common questions of fact and law, therefore, the same are being decided by this common judgement.

(2.) The First Appeal From Order No. 2760 of 2004 is being treated as leading case.

(3.) The First Appeal From Order No. 2760 of 2004 has been filed by the New India Assurance Co. Ltd. with the prayer to set-aside the aforesaid award on the ground that the Tribunal has illegally awarded the amount in the impugned award.