NEW INDIA ASSURANCE CO LTD Vs. MITHLESH GUPTA

JUDGEMENT

(1.) These two connected misc. appeals arise out of the same award regarding the same accident. The Misc. Appeal No. 149 of 1994 has been filed by the insurance company whereas Misc. Appeal No. 121 of 1994 has been filed by the claimants under the same award.

(2.) Motor Accidents Claims Tribunal, Jaipur had awarded a total amount of Rs. 9,24,000 with interest at the rate of 12 per cent per annum in Case No. 1 of 1993 vide its order dated 23.11.1993 as compensation to the legal heirs of the deceased Nawal Kishore. The claimants were the widow, children and mother, etc., of the deceased.

(3.) The accident occurred on 3.12.1992, while going on scooter the deceased was hit from behind by truck No. RRD 6056. The Tribunal as a matter of fact awarded an amount of Rs. 11,40,000 as compensation but had deducted an amount of Rs. 2,31,000 from the said compensation, i.e., 20 per cent of the compensation on the ground that lump sum was being paid to the claimants and remaining amount of Rs. 9,24,000 was ordered to be paid as per the award.