NATIONAL INSURANCE CO LTD Vs. BRIJLATA

JUDGEMENT

(1.) THIS judgment shall govern the disposal of both these appeals as they arise out of the award dated 20. 6. 2003, passed by the Third Additional member Judge, Motor Accidents Claims tribunal, Bhind in Claim Case No. 37 of 2002 whereby the Claims Tribunal has awarded a sum of Rs. 2,59,120 towards compensation to the claimants for the death of Nathuram who died in a motor accident.

(2.) MISC. Appeal No. 675 of 2003 is filed by the insurance company challenging its liability to pay the compensation while misc. Appeal No. 707 of 2003 is filed by claimants for enhancement of the award.

(3.) FACTS of the case, in brief, are that deceased Nathuram along with his family members was going to Vaishno Devi. For that purpose, he borrowed a jeep from one of his friends bearing registration No. UP 75-9660. When the jeep reached near village Barhi, it dashed against another jeep coming from the opposite direction. Due to the accident, deceased Nathuram sustained injuries and succumbed to the injuries. Report of the incident was lodged at Police station, Phoop whereon Marg No. 24/00 was recorded. Subsequently, the police registered the case at Crime No. 114 of 2000 for commission of the offence under section 304-A of Indian Penal Code.