ARUN KUMAR Vs. GULABBAI

JUDGEMENT

(1.) THIS order shall also govern the disposal of Misc. Appeal No. 269 of 1999, Arun Kumar s/o Anandilal Agrawal v. Mangilal s/o Rugnath and Ors., as common facts of the case and questions are involved in both these appeals.

(2.) THIS appeal is directed under Section 173 of the Motor Vehicles Act, 1988, against a common award dated 15.12.1998 passed by Member, Motor Accident Claims Tribunal, Biaora, District Rajgarh in Claim Case No. 104 of 1997, whereby exonerated the Insurance Company from its liability of compensation of Rs. 86,800.00 in favour of claimants/respondents.

(3.) I have heard Mr. G.K. Neema, learned Counsel for appellant; Mr. T.N. Sinh, learned Counsel for respondents Nos. 1 to 4; Mr. S.V. Dandwate, learned Counsel for respondent No. 5; and perused the record.