LAWS(MPH)-2009-7-34

MEENA DEVI Vs. GOPIRAM PATHAK

Decided On July 10, 2009
MEENA DEVI Appellant
V/S
GOPIRAM PATHAK Respondents

JUDGEMENT

(1.) This is claimants appeal against the award dated 14.9.2002 passed by the Motor Accidents Claims Tribunal, Morena in Claim Case No. 69 of 2001 by which the Claims Tribunal has awarded a sum of Rs. 2,40,000 as compensation for the death of Nemichand Garg, husband of claimant No. 1 and father of appellant Nos. 2 to 4, who died in a motor accident.

(2.) Present appeal is filed by the claimants for enhancement of compensation while the insurance company, respondent No. 3, has filed a cross-objection under Order 41, rule 22 of Civil Procedure Code which is registered as I.A. No. 15067 of 2005 challenging its liability. Hence, both the appeal and the cross-objections are heard simultaneously.

(3.) So far as quantum of compensation is concerned, the contention of the learned counsel for the appellants-claimants is that the amount awarded by Claims Tribunal is on the lower side, while the counsel for the insurance company has supported the quantum of compensation.