KIRAN S GAWANDE Vs. PREMLATA

JUDGEMENT

(1.) The aforesaid appeals are preferred respectively by respondent No. 1 -owner of offending vehicle involved in the accident (hereinafter referred as "Owner") and claimants-legal representatives of one deceased Kanhaiyalal Pali -victim of accident (hereinafter referred as "Claimants") in Claim Petition No. 802 of 2002 of Motor Accident Claims Tribunal at Nagpur taking exception to judgment and order dated 4th November, 2003 passed by said Tribunal in said claim, partly allowing claim for compensation made by claimants to the tune of Rs. 6,80,200/- along with an interest at the rate of 6 % from the date of their petition out of their original claim for Rs. 10,50,000/- only against the owner and dismissing their claim against respondent No. 2 Insurance Company in said claim petition ( hereinafter referred as "Insurer").

(2.) The owner has preferred the appeal with a prayer for setting aside above referred judgment and order ordering her to pay compensation to claimants with further alternative prayer that in the event of said owner being found liable to pay compensation, then ordering the same to be recovered from the Insurer.

(3.) The claimants -legal representatives of deceased Kanhaiyalal Pali i.e. wife , children and parents have preferred the appeal with a prayer of setting aside above referred judgment and saddling the liability fastened on owner upon Insurer of the offending vehicle and so also setting aside deduction made by Tribunal while assessing lump sum compensation to be paid and ordering restoration of original amount of Rs. 8,19,000/- calculated by the Tribunal for the loss of the dependency caused to them.