NEW INDIA ASSURANCE CO. LTD. Vs. AVADESH KUMAR

JUDGEMENT

(1.) Since both these appeals arise out of the common award dated 23/1/2017, therefore, this order shall govern the disposal of both these appeals.

(2.) These Miscellaneous Appeals under Section 173 of the Motor Vehicles Act, 1988 have been filed against the award dated 23/1/2017 passed by the Fourth Motor Accident Claims Tribunal, Gwalior in Claim Case No.268/2014.

(3.) These appeals have been filed by the New India Assurance Company Limited and the Oriental Insurance Company Limited. The claimants have also filed an appeal, which has been registered as MA No.516/2017. In these appeals filed by the Insurance Companies they have also challenged the quantum of compensation awarded to the claimants under the miscellaneous head. Since the question of quantum is yet to be decided in the appeal filed by the claimants, therefore, in order to avoid any conflicting judgments with regard to the amount of compensation, the grounds with regard to the quantum of compensation raised by the Insurance Company in these appeals is kept open and shall be decided while deciding the appeal filed by the claimants.