SHAIKH ISRAJ Vs. REKHA

JUDGEMENT

(1.) Both these appeals have been filed under section 173 of the Motor Vehicles Act, 1988, against the award dated 27.3.2000 passed by the First Additional Motor Accidents Claims Tribunal, Chhindwara, in Claim Case No. 47 of 1998.

(2.) Briefly stated the facts are that on 22.9.1992 deceased Balram was going on scooter No. MP 22-B 1395. When he reached near Panchveli Mahavidyalaya, Parasia at 10.37 a.m., a truck No. MPH 4749 driven by Chhotekhan dashed the scooter. Deceased Balram fell down and sustained grievous injuries, he was immediately taken to the hospital where he died on 23.9.1992. Anandrao (father) and Rekha (mother) of the deceased Balram had filed an application under section 166 of the Motor Vehicles Act, 1988, claiming compensation to the tune of Rs. 17,45,000 for the accidental death of their son Balram. The owner and the insurer of the truck, involved in the accident, contested the claim. After recording the evidence the Tribunal exonerated the insurance company and awarded compensation of Rs. 92,000 to the claimant Rekha as Anandrao died during the pendency of claim petition.

(3.) Dissatisfied with the award claimant Rekha has filed Misc. Appeal No. 1010 of 2000 for enhancement of the award and also against the finding of the Tribunal exonerating the insurance company. Misc. Appeal No. 967 of 2000 has been filed by the owner of the truck, challenging the award on the ground that the insurance company has wrongly been exonerated and also on the ground that the award is excessive.