LAWS(MPH)-2024-7-86

ICICI LOMBARD GENERAL INS. CO. LTD. Vs. SUNITA

Decided On July 05, 2024
ICICI LOMBARD GENERAL INS. CO. LTD. Appellant
V/S
SUNITA Respondents

JUDGEMENT

(1.) Both appeals are being decided together as they arise out of a common award arising out of the same accident.

(2.) M.A.No.258/2016 has been filed by the appellant/insurance company on the ground that the offending vehicle has been falsely implicated in the accident, hence prays for exonerating the insurance company from its liability whereas MA No.352/2016 has been filed by the claimants on the ground of enhancement of compensation as well as for setting aside the finding regarding contributory negligence on the part of the deceased.

(3.) Both appeals have been filed under Sec. 173 of the Motor Vehicles Act challenging the award dtd. 2/11/2015 passed by MACT, Ujjain in Claim Case No.104/2012.