MANGAL AND ORS. Vs. HIRALAL AND ORS.

JUDGEMENT

(1.) Admit. By consent of the learned Counsel appearing for the parties, heard finally.

(2.) Both these appeals are arising out of the same accident. One is regarding death claim in respect of rider of the motorcycle and the another is regarding injury claim of the victim of the vehicular accident. As such, both these appeals are being decided by this common judgment.

(3.) First Appeal No. 600 of 2014 is filed by dependent legal representatives of deceased Savta Gadade who died in the vehicular accident, for enhancement of compensation awarded by the learned Member of the Motor Accident Claims Tribunal, Ahmednagar, [For short, hereinafter referred to as "Tribunal"] in M.A.C.P. No. 518/2009, on 2 -7 -2013. First Appeal No. 602 of 2014 is filed by injured Mangal Savta Gadade who was pillion rider on the motorcycle with rider deceased Savta. She is also praying for enhancement of compensation awarded by the learned Tribunal in M.A.C.P. No. 514/2009 on 2 -7 -2013. Respondent No. 1 in both these appeals was respondent No. 1 in original proceedings. He is owner of the offending Tata Safari vehicle bearing registration No. MH -16/AB -3519. Respondent No. 2 herein (Insurer) was respondent No. 2 in proceedings before the learned Tribunal. In the death claim, the learned Tribunal awarded compensation of Rs. 5,85,000/ - to the claimants. In injury claim, compensation of Rs. 4,74,000/ - was awarded to injured Mangal. Interest was awarded at the rate of 7.5% per annum in both the proceedings. For the sake of convenience, parties shall be referred in their original capacity.