SANDHYA Vs. GUDDU

JUDGEMENT

(1.) Both these appeals are arising out of the same award dated 5.8.2011. passed by Motor Accidents Claims Tribunal, Alirajpur in Claim Case No. 47 of 2010.

(2.) M.A. No. 2605 of 2011 has been filed by the claimants assailing the deduction of ex gratia of Rs. 7,00,000 paid by the bank to the family members of the deceased while M.A. No. 2270 of 2011 has been filed by the insurance company on the ground of false implication of vehicle as well as the award of compensation of ex gratia.

(3.) It is not in dispute that Ramprasad Pandey, going on a motor cycle died in a motor accident which took place on 19.2.2010. In the claim petition it is alleged that when the deceased was going on his motor cycle along with Amit Dubey, the jeep bearing No. GH 6-A 4620, driven rashly and negligently, dashed the motor cycle thereby the deceased died on the spot. Being an employee of the bank deceased was getting regular salary. Appellants had filed the claim petition under section 166 of the Motor Vehicles Act, 1988 seeking compensation to the tune of Rs. 36,00,000.