LAWS(MPH)-2010-11-94

TULSA PARMESHWARI AND ORS Vs. RAMNATH AND ORS

Decided On November 30, 2010
Tulsa Parmeshwari And Ors Appellant
V/S
Ramnath And Ors Respondents

JUDGEMENT

(1.) This order shall govern disposal of all the aforesaid three appeals, as they arise out of common award dated 17.7.2009 passed by Fifth Additional Member Judge, Motor Accident Claims Tribunal, Sagar in Claim Case No. 44/2009 whereby the Tribunal has awarded compensation of Rs. 15,73,500/-on account of death of Dhanraj Singh, who died in a motor accident.

(2.) M.A. No. 3255/2009 has been filed by New India Assurance company challenging the liability to pay the compensation more than 50% of the award despite the fact that the Tribunal itself has held that accident occurred due to negligence of drivers of both the vehicles in question, M.A. No. 3430/2009 has been filed by the claimants for enhancement of compensation and M.A. No. 3705/2009 has been filed by the Appellant/driver for enhancement of compensation awarded by the Tribunal on account of injuries sustained in the accident.

(3.) The facts are being noticed from M.A. No. 3430/2009.