NIRMALA AND OTHER Vs. YOG RAJ AND OTHERS

JUDGEMENT

(1.) Since common question of law and facts arise for consideration in both these appeals, therefore, these were taken up together for hearing and are being disposed of by a common judgment.

(2.) The Insurance Company has primarily filed the instant appeal, being FAO No. 29 of 2018, assailing therein the quantum of compensation, whereas the appeal, being FAO No. 330 of 2018, filed by the mother of the deceased Nirmala is only directed against the apportionment of the award amount.

(3.) Insofar as the appeal filed by Nirmala is concerned, the same can conveniently be disposed of as the claimants therein have mutually agreed that instead of 30%, appellant Nirmala be awarded 40% of the compensation amount. Since the wife of the deceased has already got re-married and has also taken away the minor Ms. Angel with her.