NEW INDIA ASSURANCE CO LTD Vs. BASAKYA

JUDGEMENT

(1.) THIS order shall also govern the disposal of M. A. Nos. 1762 and 2010 of 2007, as in all the appeals the impugned award is dated 6. 4. 2007 passed by Addl. M. A. C. T. , Kukshi, District Dhar in Claim Case No. 44 of 2006 whereby the claim petition filed by respondent No. 1 was allowed and a sum of Rs. 1,00,000 was awarded on account of death of minor mahesh, son of respondent No. 1.

(2.) M. A. No. 2015 of 2007 is filed by the appellant insurance company, wherein the appellant is aggrieved by the direction of the learned court below whereby appellant has been directed to pay the amount of Rs. 1,00,000 and recover the same from respondent Nos. 2 and 3. In M. A. No. 1762 of 2007, which is filed by respondent No. 1-claimant the grievance of respondent no. 1 is that the amount awarded by the learned Tribunal is on lower side, which deserves to be enhanced. In M. A. No. 2010 of 2007 which is an appeal filed by the respondent Nos. 2 and 3 wherein the grievance of respondent Nos. 2 and 3 are that the learned Tribunal committed error in giving right of recovery to the appellant.

(3.) SINCE respondent Nos. 2 and 3 are unrepresented in this appeal and all the appeals are arising out of one and same award, therefore, Mr. Pankaj Sohani is also directed to make appearance on behalf of respondent Nos. 2 and 3.