ORIENTAL INSURANCE CO LTD Vs. SUMAN AND OTHERS

JUDGEMENT

(1.) This order shall govern the disposal of M.A.No. 463/2002 and M.A.No. 647/2002 as both the appeals arise out of same road accident and are preferred by the Insurance Company. However, for the sake of convenience, facts of Miscellaneous Appeal No. 463/2002 are being taken for consideration.

(2.) The present appeal is being preferred by the Insurance Company against the award dated 6/5/2002 passed by the Motor Accident claims Tribunal, Gohad, District Bhind, whereby, claim application preferred by the respondents No. 1 to 6/claimants has been allowed and Insurance Company has been fastened with the liability to pay award of Rs. 1,73,100/- as compensation alongwith interest.

(3.) Precisely stated facts of the case are that claimants filed a claim case under Section 166 of the Motor Vehicle Act, 1988 (for short "Act of 1988") for compensation to the tune of Rs. 18,25,000/- on account of death of Raju alias Rajesh Kumar, husband of respondent No. 1, father of respondents No. 2 and 3, son of respondents No. 4 and 5 and brother of respondent No. 6, because of the accident arising out of an accident on 5/12/2000 by the truck No. M.P. 09 K 7669.