NATIONAL INSURANCE CO LTD Vs. VINITA

JUDGEMENT

(1.) This is an appeal filed by insurance company under section 173 of Motor Vehicles Act against an award dated 15.3.2004 passed by Seventeenth Member, Motor Accidents Claims Tribunal Indore (MP), in Claim Case No. 440 of 2002.

(2.) By impugned award, Claims Tribunal partly allowed the claim petition of claimants (respondent Nos. 1 to 4) filed under the provisions of Motor Vehicles Act for claiming compensation for the death of one Nalin Kumar Negi and accordingly, awarded to claimants a total compensation of Rs. 8,38,244. It is against this award, the claimants, i.e., respondent Nos. 1 to 4 filed one appeal being M.A. No. 2165 of 2004 asking for enhancement in the compensation determined by the Tribunal whereas the insurance company Filed present appeal (M.A. No. 1914 of 2004) against the same award contending that it is on higher side and hence, it be reduced.

(3.) It may here be mentioned that so far as appeal filed by claimants, i.e., M.A. No. 2165 of 2004 is concerned, the same was dismissed by this court by order dated 21.2.2005, wherein this court held that the Tribunal has awarded just and proper compensation to the claimants, requiring no further enhancement in the same.