GANTRETI THOTAYYA Vs. PRAGADA SURYA RAO

JUDGEMENT

(1.) Aggrieved by the impugned award dtd. 19/6/2008 passed in M.V.O.P. No.764 of 2005 on the file of Chairman, Motor Accidents Claims Tribunal (District Judge), Vizianagaram, whereby the Tribunal awarded compensation of Rs.1,89,000.00 to the claimants towards compensation payable by the respondents 1 and 2 and exonerating the 3rd respondent/owner of the trailer and the 4th respondent/ Insurance Company, M.A.C.M.A. No.1054 of 2012 is preferred by the claimants for claiming balance compensation amount as prayed in the claim application before the Tribunal for enhancement of the claim granted by the Tribunal. Whereas M.A.C.M.A. No.3576 of 2008 is filed by the 2nd respondent/New India Assurance Company Limited questioning the legality of the award passed by the Tribunal.

(2.) Both the parties in the appeal and review application will be referred to as they are arrayed in the claim application.

(3.) Originally, M.A.C.M.A. No.1054 of 2012 was disposed of on 12/10/2023 on hearing both sides" counsels. By the time of disposal of M.A.C.M.A. No.1054 of 2012 filed by the claimants, it is not brought to the notice of this bench by the counsels on record about the pendency of M.A.C.M.A. No.3576 of 2008 filed by another counsel of 2nd respondent/New India Assurance Company, which is pending before another bench, therefore, it was observed by this bench in its judgment in para-15 as follows: