KANTA BAI Vs. AHMED KHAN

JUDGEMENT

(1.) THIS group of appeals, involve common questions of law and fact and, therefore, are heard and decided by this common judgment.

(2.) BACKGROUND facts in nutshell may be summarised as follows:

(3.) I have heard the learned counsel Mr. P. F. Patni for the appellants, the learned counsel Mr. A. A. Joshi instructed by Mr. K. M. Loya for respondent Nos. 1a to 1c and the learned counsel Mr. D. V. Soman for respondent No. 2 in all these appeals. Undisputedly, insured or the owner of the vehicle-legal heirs of Ahmed Khan s/o chand Khan, did not file any appeal in this high Court, challenging any part of the award passed by the trial court in all these claim petitions filed by the respective appellants. The insurer or the original owner of the vehicle, namely, Ahmed Khan s/o chand Khan, or legal heirs did not file any cross-objection in all these First Appeal nos. 312 to 316 of 2000. In this view of the matter, scope of these appeals is limited to the extent of enhancement of the amount of compensation as claimed by appellants and apportionment regarding the amount of compensation inter se between the respondent nos. 1 and 2 before this court, who are legal heirs of owner of the vehicle.