SANTOSH Vs. RAKESH KUMAR AND OTHERS

JUDGEMENT

(1.) This order will dispose of FAO Nos.1293 and 2086 of 2011 as these have emerged out of the same award dated 09.09.2010 passed by the Motor Accidents Claims Tribunal, Kaithal whereby compensation has been awarded on account of death of Satish Kumar and Anil Kumar out of the use of vehicle bearing No.HR-07-L-4513 on 11.05.2009.

(2.) Fao No.1293 of 2011 has been filed by Santosh, widow of Satish Kumar seeking enhancement of compensation awarded by the Tribunal whereas FAO No.2086 of 2011 has been filed by New India Assurance Co. Ltd. to assail the award qua death of Anil Kumar.

(3.) Counsel for the appellant would contend that compensation awarded by the Tribunal is on lower side and needs enhancement. Counsel representing the insurance company, on the contrary, would urge that as the application for compensation was filed under Section 163-A of the Motor Vehicles Act, 1988 (in short 'the Act') wherein compensation is required to be assessed on the basis of structured formula provided in Second Schedule appended to Section 163-A of the Act, there is no scope for enhancement of compensation.