NEW INDIA ASSURANCE COMPANY LIMITED Vs. SOU. SUKHMAN

JUDGEMENT

(1.) THE original respondent No. 4 - New India Assurance Company Limited has filed this appeal against the award passed by the Motor Accident Claims Tribunal, Nagpur in Claim Petition No. 687/1995, whereby the compensation of Rs. 1,95,000/ - was awarded and in that Rs. 25,000/ - was ordered to be given to the claimant no. 2 - mother and balance amount to the claimant no. 3 sister of the deceased. While the deceased was driving Tempo Trax bearing MH 31 -G -8754 on Hazratpur -Agra Road, Truck bearing No. RRD - 6179 owned by the respondent no. 5 herein and insured with the appellant dashed against the Tempo Trax. In that the deceased suffered injuries and died. During the pendency of the petition the father died. As a result thereof the married daughter being legal heir was arrayed as petitioner no. 3.

(2.) MRS . Khade, learned counsel appearing for the appellant raised only ground of apportionment of the compensation. According to the learned counsel, the Tribunal should not have apportioned the amount of compensation, as has been done in the award.