SUMAN PANDEY Vs. REYAZ KHAN

JUDGEMENT

(1.) Both the appeals have been filed against a common award arising out of the same incident, hence, both the cases are heard together and are being decided by this common order.

(2.) Appellant-Insurance company had filed M.A. No.1471/2017 being aggrieved by the award dated 25.03.2017 passed in M.A.C.C. No.261/2014 by Member, First Additional Motor Accident Claims Tribunal, Katni (M.P.), by which an amount of Rs.49,49,000.36/- has been awarded to respondents-claimants No.1, 2 and 3.

(3.) M.A. No. 1471/2017 is filed by the insurance company on the ground that Claims Tribunal has failed to consider the fact that deceased himself was negligent in driving his vehicle. There was a head on collision between motorcycle MP-54-MA-7707 and vehicle MP-54-MA-6595. The motorcycle MP-54-MA-7707, on the relevant date was being driven by Reyaz Khan and other vehicle belonged to one Vinod Kumar Pandey, who died in this accident.