LAWS(MPH)-2005-8-26

UNITED INDIA INSURANCE CO LTD Vs. KAMLA RAGHUVANSHI

Decided On August 24, 2005
UNITED INDIA INSURANCE CO. LTD. Appellant
V/S
KAMLA RAGHUVANSHI Respondents

JUDGEMENT

(1.) The decision rendered in this appeal shall also govern disposal of other two connected appeals being M.A. Nos. 772 and 1192 of 2002, because all these appeals arise out of one claim case.

(2.) So far as M.A. Nos. 771 and 772 of 2002 are concerned, these two appeals are filed by insurance company challenging the quantum of compensation. They arise out of an award, dated 15.1.2002, in Claim Case No. 42 of 2001, passed by learned Member, Motor Accidents Claims Tribunal, Dewas. Whereas other appeal, i.e., M.A. No. 1192 of 2002 is concerned, the same is filed by the claimants for enhancement in the compensation awarded by the Tribunal. In this view the question in two appeals filed by the insurance company is whether compensation awarded by the Tribunal to the claimants is excessive and hence, be reduced whereas in M.A. No. 1192 of 2002 the question is whether any case for enhancement in the compensation awarded is made out?

(3.) Heard Mr. S.V. Dandwate, learned counsel for the appellant, Mr. P. Verma, learned counsel for respondent Nos. 1 to 3, none for respondent No. 4 and Mr. A.K. Sethi, learned counsel for respondent No. 5.