LAWS(MPH)-2013-11-122

DEVI DEEN Vs. PAPPU

Decided On November 12, 2013
Devi Deen Appellant
V/S
PAPPU Respondents

JUDGEMENT

(1.) Both these appeals are being disposed of by this common order as both these appeals have been filed against the same impugned award dated 8.9.2009 passed in claim case no. 69/2009 by learned Vth Additional Motor Accident Claims Tribunal (FTC), Chhatarpur (MP). One appeal being MA No.4819/2009 has been filed by the appellant / claimant for enhancement of the award amount while another appeal being MA No.4875/2009 has been filed by the owner and driver of the vehicle involved in the accident challenging exoneration of the Insurance company and quantum of award amount by the Tribunal.

(2.) Briefly stated facts in narrow compass are that claimant Devideen has suffered injuries in the accident from the vehicle driven by Pappu and owned by Dhanesh and insured with Iffco-Tokio General Insurance Company. Due to the injuries received in the accident, the claimant suffered paralytic.

(3.) Learned counsel for the insurance company has fairly submitted that the vehicle involved in the accident was insured with comprehensive liability, therefore, the insurance company is jointly and severally liable for payment of compensation amount. The submission of learned counsel for the insurance company is in accordance with law; therefore, the insurance company is jointly and severally liable to pay the amount of compensation.