MUBARIK HUSSAIN Vs. NEW INDIA ASSURANCE CO. LTD.

JUDGEMENT

(1.) This order shall govern the disposal of M.A. No. 1975 of 2007 (Afrin v. Mohd. Shafi) and M.A. No. 1929 of 2007 (Mubarik Hussain v. New India Assurance Co. Ltd.). Liability of the insurance company is not disputed. However, by the consent of parties, the case is heard finally.

(2.) Both the appeals have been filed by the claimants seeking enhancement of compensation granted by the Tribunal. In M.A. No. 1975 of 2007 widow and two minor children of deceased are appellants and in M.A. No. 1929 of 2007 father and mother of deceased are appellants. The appellants in both the appeals have also prayed for apportionment of payment of compensation granted to them.

(3.) Both the aforesaid appeals are filed by the appellants under section 173 of the Motor Vehicles Act against an award dated 6.3.2007, passed by learned Additional M.A.C.T., Kukshi, Distt. Dhar, in Claim Case No. 12 of 2006. By the impugned award, the Claims Tribunal has awarded a total sum of Rs. 2,81,500 with interest to the claimants by way of compensation in the accident occurred on 1.2.2005, causing the death of Hasan with the direction that all the five appellants shall be entitled to receive 20 per cent each from the award.