HAMIDA KHATUN Vs. LOOBHA TEA CO LTD

JUDGEMENT

(1.) All these appeals arise out of a common award dated 16.6.2000 passed by the learned Member, Motor Accidents Claims Tribunal, Cachar, Silchar.

(2.) MAC Appeal Nos 81-86/2000 have been filed by the claimants for enhancement of the quantum of compensation awarded, whereas MAC Appeal Nos 97-106/2000 have been preferred by the insurer of the offending vehicle namely National Insurance Company Limited questioning the finding of the learned Tribunal that the insurer was liable to pay the compensation though, according to it, due to the breach of the conditions of the policy such a liability couldnot be imposed on it. The appeals were heard together as a common question of law was involved and are being disposed of by this common judgment and order.

(3.) We have heard Mr. T. Das, Advocate for the claimants, Mr. SS Sharma, Advocate for the insurer and Mr. N. Choudhury, Advocate for the owner of the vehicle namely, M/S. Loobha Tea Company Limited.