KAVITA Vs. NARAYAN SINGH

JUDGEMENT

(1.) THE decision rendered in this appeal shall govern the disposal of other appeal being M.A. No. 1241 of 2003, because, firstly, both these appeals arise out of one claim case and, secondly, seeks to challenge the same award. In fact both are in the nature of cross-appeals.

(2.) THIS is an appeal filed by claimants under section 173 of the Motor Vehicles Act against an award dated 27.3.2003, passed by the Sixth Additional Member, Motor Accidents Claims Tribunal, Indore in Claim Case No. 150 of 2002. By impugned award, the Claims Tribunal partly allowed the claim petition and awarded a total sum of Rs. 2,55,000 to the claimants for the death of one Kishore Singh. The insurer of the offending vehicle has felt aggrieved of the impugned award and has filed the other connected appeal (M.A. No. 1241 of 2003) contending therein that Tribunal erred in fastening liability upon the insurance company. According to them, looking to the facts involved coupled with policy in question, no liability could have been fastened upon the insurance company. Likewise and as stated above, the claimants have filed the appeal (M.A. No. 1047 of 2003), i.e., present one against the same award contending therein that Tribunal erred in awarding less compensation to the claimants. According to claimants, it is contended in this appeal that it is on lower side and hence, it should be enhanced so as to make the same reasonable, just and proper.

(3.) HEARD Mr. S. Patwa, learned counsel for the appellants, Mr. Karan Singh, learned counsel for the respondent No. 1, Mr. G.K. Neema, learned counsel for the respondent No. 2 and Mr. R.J. Pandit, learned counsel for insurance company, respondent No. 3.