NATIONAL INSURANCE CO LTD Vs. SUNITA BAI

JUDGEMENT

(1.) These are two appeals arising out of the same accident and award dated 21.7.1999 passed by the First Additional Motor Accidents Claims Tribunal, Katni in Claim Case No. 271 of 1996.

(2.) M.A. No. 1861 of 1999 has been filed by the non-applicant National Insurance Co. Ltd. challenging the award on the ground that the liability has been wrongly fastened on the insurance company since the driver of the alleged vehicle causing the accident did not possess a valid licence at the time of the accident and due to breach in terms and conditions of the insurance policy the company cannot be held liable to pay the compensation.

(3.) M.A. No. 2007 of 1997 has been filed by the claimants assailing the award mainly on the grounds that the compensation awarded is too low and needs to be enhanced since the Tribunal has erred in assessing monthly income of the deceased and, therefore, drawn wrong conclusion regarding the dependency thereto and the awarded amount need to be modified since the correct multiplier has also not been adopted by the Tribunal.