LAWS(MPH)-2008-10-15

UNITED INDIA INSURANCE COMPANY LTD Vs. RAMTUBAI

Decided On October 23, 2008
UNITED INDIA INSURANCE COMPANY LTD., Appellant
V/S
RAMTUBAI Respondents

JUDGEMENT

(1.) The decision rendered in this appeal shall also govern disposal of other three connected appeals being M. A. No.631 of 2006, M.A. No.669 of 2006 and M.A. No.692 2006, because all the four appeals arise out of one impugned award and secondly, relate to same accident.

(2.) This is an appeal filed by Insurance Company under section 173 of the Motor Vehicles Act against an award dated 18.10.2005, passed by learned Member, Motor Accident Claims Tribunal, Jhabua in Claim Case No. 122 of 2001. The other 3 appeals referred supra are also filed by the same Insurance Company against the same award though arise in 3 different claim cases filed by claimants. By impugned award, the Tribunal has partly allowed all the four claim petitions and has accordingly, awarded compensation to every claimant for the death of persons named therein in vehicular accident.

(3.) So far as present appeal (M.A. No.632 of 2006) is concerned, the Tribunal has awarded a total compensation o Rs.5,41,000/- to claimants (respondents) for the death of one Parma. The respondents / claimants have filed cross objection under Order 41 Rule 22 of C.P. Code against the impugned finding seeking enhancement in the compensation awarded by Tribunal.