AWADHESH KUMAR Vs. KHAIRATILAL MALHOTRA

JUDGEMENT

(1.) Being aggrieved by the award dated 14.7.1997 passed by Second Motor Accidents Claims Tribunal, Gwalior in Claim Case No. 45 of 1993 whereby an award of Rs. 3,34,000 has been passed along with interest at the rate of 12 per cent per annum from the date of claim petition, the present appeal has been filed.

(2.) Short facts of the case are that in a motor accident which took place on 27.10.1993 between truck No. MKH 7740 and bus No. CIW 7226, deceased Rajeev Kumar Malhotra who was coming on a scooter bearing registration No. DDP 6449 sustained injuries and died on the spot. The claim petition was filed by the legal representatives who are respondent Nos. 1, 2 and 3. Claim petition was filed against driver and owner of truck No. MKH 7740 who are respondent No. 4 and appellant respectively. Respondent No. 5 is insurance company with whom the offending truck was insured. The claim petition was contested by appellant and respondent No. 5 on various grounds. Issues were framed and after recording of evidence learned Claims Tribunal held that the appellant and the respondent Nos. 4 and 5 are liable for payment of compensation of the award amount of Rs. 3,34,000.

(3.) Initially, the appeal was filed by the respondent No. 5 and appellant who are insurance company and owner of the offending truck. Later on with the permission of the court the insurance company was transposed as respondent No. 5. Claimant has also filed cross-objections wherein it is prayed that amount awarded is on lower side and same be enhanced. In the cross- objection further amount of Rs. 27,44,000 has peen prayed to be awarded.