NEW INDIA INSURANCE CO LTD Vs. SANDHYA JAIN

JUDGEMENT

(1.) We propose to deal and decide both these appeals by this common judgment as they arise out of the same and single judgment and award dated 1.4.1992 of the Motor Accidents Claims Tribunal, Solan in the MACT No. 89-S/2 of 1989 whereunder an award of Rs. 9,67,680 has been awarded in favour of the claimants and against the appellant New India Assurance Co. Ltd. and Hari Dayal, owner of the truck involved in the accident.

(2.) F.A.O. (MVA) No. 201 of 1992 has been filed by the appellant the New India Assurance Co. Ltd., in joint with the owner of the vehicle challenging the correctness, validity and legality of the award whereas F.A.O. (MVA) No. 254 of 1992 has been filed by the claimants for enhancement of the amount of compensation.

(3.) Facts leading to these appeals may briefly be stated as under: