JETNI ORAON Vs. UNITED INDIA INSURANCE CO. LTD.

JUDGEMENT

(1.) Both the appeals were preferred against the judgment and award dated 17thday of September 2018 passed by Learned Judge Motor Accident Claims Tribunal Jalpaiguri in MAC Case No. 101 of 2016. Learned Tribunal awarded a Sum of Rs.3,93,500.00 to the claimants in response to a Motor Accident Claim Case filed by the claimants and legal heirs of a deceased u/s 166 of Motor Vehicles Act. Learned Tribunal while awarding the compensation has directed that the compensation has to be paid by the owner of the vehicle in question.

(2.) Being aggrieved by and dissatisfied with that award the owner of the vehicle preferred one appeal i.e. FMA 21 of 2022. The claimants also preferred another appeal being FMAT 41 of 2021 for encashment of the award.

(3.) As both the appeals are preferred against the same award, it is prudent to dispose of both the appeals by a common judgment. During the course of argument some points are raised by the Learned Advocates and they argued at length. The points are -