SMT. PRABHA Vs. PARVEEN KUMAR

JUDGEMENT

(1.) Both these appeals are outcome of a common award dated 17th February, 2010, passed by the Motor Accident Claims Tribunal (III) Shimla, H.P., hereinafter referred to as 'the Tribunal'), in M.A.C. Petition No. 38-S/2 of 05/2002, titled Smt. Prabha and others v. Parveen Kumar and others, filed by the claimants for grant of compensation to the tune of Rs. 40.00 lacs, as per the break-ups given in the claim petition, whereby the compensation to the tune of Rs. 23,13,000/- came to be awarded in favour of the claimants and the insurer was saddled with liability, for short 'the impugned award'.

(2.) The owner and driver have not questioned the impugned award, on any count. Thus, it has attained finality, so far it relates to them.

(3.) The insurer and claimants have questioned the impugned award on the ground of adequacy of compensation. Thus, the only question to be determined in these appeals is-the amount of compensation is adequate or otherwise. I am of the considered view that the amount of compensation is inadequate for the following reasons.