LAWS(MPH)-1999-10-6

MAHESH KUMAR Vs. MUNNALAL

Decided On October 05, 1999
MAHESH KUMAR Appellant
V/S
MUNNALAL Respondents

JUDGEMENT

(1.) This is an appeal against the order dated 25.9.1998 arising out of Claim Case No. 130 of 1997 whereby the Claims Tribunal, presided over by 12th Additional District Judge, Jabalpur, has granted an interim award of Rs. 25,000 under section 140 of the Motor Vehicles Act for death of Rama Bai, aged about 30 years, to the appellants against respondent No. 1, Munnalal, driver of the truck, respondent No. 2 Capital Roadways and Finance Private Limited, Chhola Road, Bhopal and respondent No. 3, Oriental Insurance Co. Ltd., Napier Town, Jabalpur.

(2.) Disposal of this appeal shall also govern the disposal of Misc. Appeal No. 1647 of 1998, arising out of Claim Case No. 132 of 1997, Misc. Appeal No. 1648 of 1998, arising out of Claim Case No. 134 of 1997, Misc. Appeal No. 1654 of 1998, arising out of Claim Case No. 128 of 1997, Misc. Appeal No. 1655 of 1998, arising out of Claim Case No. 133 of 1997 and Misc. Appeal No. 1656 of 1998, arising out of Claim Case No. 144 of 1997, because the appellants in each case have been .awarded a sum of Rs. 25,000 by way of interim award by a common order.

(3.) The claim of the appellants is that the Claims Tribunal should have awarded Rs. 50,000 either against respondent Nos. 1 to 4 jointly and severally or it should have apportioned Rs. 25,000 to the United India Insurance Co. Ltd., respondent No. 4, in this case, who was the insurer of the jeep bearing No. MP 28-B 0399.