SHEHJAD KHAN Vs. AZEEM KHAN

JUDGEMENT

(1.) With consent, heard finally.

(2.) This order shall govern disposal of M.A.No.702/2008 as well as M.A.No.764/2008 as both these appeal are arising out of common award dated 27.03.2008 passed by the Motor Accident Claims Tribunal, District Datia.

(3.) M.A.No.702/2008 under Section 173(1) of the Motor Vehicle Act, 1988 is preferred by the claimants for enhancement of compensation, whereas M.A.No.764/2008 has been moved on behalf of owner, being aggrieved by award dated 27.03.2008 passed by the Motor Accident Claims Tribunal, District Datia in Claim Case No.69/2007 whereby, the Claims Tribunal has awarded a sum of Rs.2,59,500/- in all towards compensation for the death of deceased Farukh to the appellants-father and mother of the deceased. However, liability for payment of amount of compensation was fixed over driver and owner of the vehicle on the ground that driver of the vehicle was having LMV license and therefore, was not authorized to drive Utility Jeep No.M.P.32-G-0221, a commercial vehicle.