NATIONAL INSURANCE CO LTD Vs. KUSMA DEVI

JUDGEMENT

(1.) This judgment shall govern the disposal of both the aforesaid misc. appeals as they are filed against the award dated 29.11.2002 passed by the Additional Member Judge, Motor Accidents Claims Tribunal, Morena in Claim Case No. 105 of 2002 whereby the Claims Tribunal has awarded a sum of Rs. 8,75,000 as compensation to the claimants for the death of Vijay Singh Jadon, who died in a motor accident.

(2.) Misc. Appeal No. 231 of 2003 is filed by the insurance company against the impugned award challenging rejection of its application under section 170 of the Motor Vehicles Act and challenging the findings on quantum and negligence while Misc. Appeal No. 510 of 2003 has been filed by the claimants seeking enhancement of compensation.

(3.) Facts of the case briefly stated are that on 27.3.2002 around 4.30 in the evening, deceased Vijay Singh Jadon along with his friend Sarnam Singh was going to Gwalior from Morena in a Maruti car bearing registration No. UP 84-A 6257. The car was driven by Sarnam Singh. When the car reached Jaderua village on Agra-Bombay Road, truck No. MP 06-G 3186 which was coming from the opposite side, driven in a rash and negligent manner, dashed against Maruti car. Due to collision, Vijay Singh Jadon sustained grievous injuries and he died on the spot.