NATIONAL INSURANCE COMPANY LTD. Vs. BOINI GANGARAM

JUDGEMENT

(1.) CMA No. 1020 of 2004 and MACMA No. 3671 of 2005 are filed by the Insurance Company and the Cross Objections (SR) Nos. 10079 of 2006 are filed by the claimant in C.M.A. No. 1020 of 2004 and Cross Objections (SR) No. 11375 of 2006 are filed by the legal heirs of one of the injured claimant in M.A.C.M.A. No. 3671 of 2005. Since the issues involved in all the above matters are similar in nature, they are being disposed of by this common judgment.

(2.) CMA No. 1020 of 2004 arise out of the award passed in OP No. 665 of 2000, wherein the injured claimed total compensation of Rs. 2,00,000/ - and the Tribunal awarded an amount of Rs. 1,30,000/ -. The claimant in OP No. 665 of 2000 filed cross objections seeking enhancement of compensation. MACMA No. 3671 of 2005 is filed by the Insurance Company challenging the award passed in OP No. 668 of 2000, wherein the original injured filed claim petition and after his death his legal heirs have come on record. The Tribunal awarded compensation of Rs. 1,00,000/ - and apportioned the same to the L.Rs. of the original claimant. The legal heirs of the original claimant in OP No. 668 of 2000 filed cross objections seeking enhancement of compensation.

(3.) THE trial Tribunal framed the following issues in both O.P. Nos. 665 and 668 of 2000 for trial as follows: