GAURIBAI Vs. SHEUKH ANWAR

JUDGEMENT

(1.) THIS order shall also govern disposal of M.A. 2058/2005--Smt. Gauribai v. Sheikh Anwar and 2 Ors. as both appeals for enhancement arise out of common accident.

(2.) THESE two appeals are for enhancement of compensation awarded by the 3rd Motor Accident Claims Tribunal, Mhow in M.V. Case No. 60/04 and M.V. Case No: 59/04. Relevant facts in brief leading to these appeals are as under.

(3.) RESPONDENTS 1 and 2 remained exparte; however, claim petitions were contested by Insurance Company. Appreciating evidence Claims Tribunal awarded compensation of Rs. 1,85,000 (one lakh eighty five thousand) for the death of Radheshyam and Rs. 40,000 (forty thousand) wrongly mentioned as Rs. 35,000 to Gauribai for the injuries sustained by her in said accident. Being dissatisfied with the amount of compensation awarded by the Claims Tribunal, these two separate appeals have been preferred for enhancement. In this Court also respondents I and 2 i.e., driver and owner of truck, did not participate in the hearing despite service of notice and Insurance Company alone contested the appeals.