UNITED INDIA INSURANCE COMPANY LTD. Vs. BALBHIM

JUDGEMENT

(1.) Both the Appeals are filed under Sec. 173 of the Motor Vehicles Act, 1988 [hereinafter referred to as the ' M.V. Act ']. The First Appeal No.3594/2019 is filed by the Insurance Company against the Judgment and Order / Award dtd. 20/03/2019, passed by the learned Motor Accident Claim Tribunal, Aurangabad, [hereinafter referred to as the 'learned Tribunal'] in Motor Accident Claim Petition [For short 'MACP'] No.406/2018, partly allowing the MACP and directing the Insurance Company, Owner and Driver to pay the compensation of Rs.8,86,800.00 [Rupees Eight Lakhs Eighty Six Thousand and Eight Hundred Only], jointly and severally to the Claimants with interest @ 9% from the date of filing of the Claim Petition till its realization. The First Appeal No.884/2023 is filed by the Claimants for enhance compensation. Common submissions are advanced by both the sides. Hence, both the Appeals are decided by this Common Judgment. The parties are referred as per their nomenclature / position in the MACP.

(2.) The facts giving rise to the present Appeals are as under :-

(3.) Heard the learned Advocate for the Insurance Company, the learned Advocate for the Claimants and the learned Advocate for the Owner and Driver of the said Tractor. Perused the evidence available on record.