USHA DEVI Vs. BRIJESH KUMAR SINGH

JUDGEMENT

(1.) THIS appeal has arisen out of the judgment and award passed in Claim Case No. 165 of 1999. It should be mentioned here that two claim cases were filed on the same accident being Claim Case No. 165 of 1999 i.e. the present one for the Driver of the vehicle, while the other is Claim Case no. 166. of 1999 for the Khalasi of the vehicle. Both these claim cases were heard together by the Motor Vehicle Claims Tribunal, Muzaffarpur and a common judgment was passed on 15.9.2000 and award was signed on 26.9.2000 and the claimants of both the cases have been granted compensation to the tune of Rs. 1,50,000.00 and Rs. 1,35,000.00 in favour of the claimants of both the parties. The award granted in favour of the Khalasi i.e. Umesh Shrivastava was challenged in M.A. No. 18 of 2001 and the said appeal was heard in presence of the counsel of both the parties who are also the counsel in the present appeal and then the appeal was disposed of by modifying the claim amounts to Rs. 1,70,000.00. The analogy given in that order in toto applies to the present appeal also and on the same standard of determanation and calculation as made in that appeal and applying the same procedure here also the amount of compensation is raised from Rs. 1,50,000.00 to Rs. 1,85,000.00 and M/s Oriental Insurance Company is asked to pay the whole of the amount and not by the owner and the driver of the other vehicle. Interest etc., as has been imposed by the trial Court shall remain intact. No. order as to costs.

(2.) THUS , the present appeal is also allowed with the modification in the amount of compensation as mentioned above.