PRADEEP KUMAR MANDAL, SON OF LATE DIGAMBAR PRASAD MANDAL, RESIDENT OF MIRKEL KARHAGOLA GHAT, P.S. Vs. BAIJNATH KUMAR PASWAN, SON OF RAM PRATAP PASWAN, RESIDENT OF KARHAGOLA, P.S.

JUDGEMENT

(1.) Heard the parties.

(2.) Since the two Appeals arising out of one judgment, as prayed for, are being heard and disposed of together by this common judgment

(3.) Both these Appeals have been preferred against composite Award and Judgment dated 28.11.2011 in Claim Case No. 4 of 2006 by the Additional District Judge-cum-Motor Vehicles Accident Claim Tribunal, Katihar (hereinafter referred to as the Tribunal ) in which Miscellaneous Appeal No. 32 of 2012 has been preferred by the claimant appellant for enhancement of the Award aforesaid and Miscellaneous Appeal No. 91 of 2012 has been preferred by the owner of the vehicle seeking exoneration from the half payment of the liability on the ground of being under valid coverage of insurance. Undisputedly, the claimant was an employee of the owner appellant of M.A. No. 91 of 2012 as 'khalasi' of vehicle bearing registration No.BR-11C/7795.