SUMAN LATA Vs. MADAN MOHAN SONKAR

JUDGEMENT

(1.) THESE are the two First Appeals from Order under Section 173 of the Motor Vehicles Act, 1988 directed against the judgment and award dated 7th August, 2001, passed by Motor Accident Claims Tribunal/II Additional District Judge, Faizabad, directing the appellant-Assurance Company to pay a sum ' of Rs. 16,09,000, as compensation with interest @ 9% per annum from the date of filing of the petition till the date of actual payment.

(2.) F .A.F.O. No. 510 of 2001 has been filed by the New India Assurance Company Ltd. challenging the legality and correctness of the award directing the payment of the aforesaid sum, whereas F.A.F.O. No. 509 of 2001 has been filed by the claimants for enhancement of the amount of compensation.

(3.) BRIEFLY stated facts giving rise to these appeals are that Dr. Kamlesh Kumar, who was an Eye Surgeon, aged about 43 years, while moving on his Scooter No. U.P. 42/1395 was knocked down by a Jeep, bearing registration No. P. 42-A 0174. He sustained serious injuries. A vehicle belonging to the Health Department of the district, was coming from the opposite side, wherefrom Dr. Kamlesh Kumar was taken to the hospital by eye-witnesses, where he was declared "brought dead".