NEW INDIA ASSURANCE CO. Vs. MANGI DEVI

JUDGEMENT

(1.) With the consent of the learned counsel for the parties, the appeals are being heard and decided finally.

(2.) Since there is no dispute with respect to the violation of the policy, therefore, the service upon driver and owner of the truck is dispensed with in both the appeals at the risk and cost of the counsel for the appellant-Insurance Company.

(3.) The present appeals have been preferred assailing the validity of the judgment and award dated 14.7.2020 passed by the Motor Accident Claims Tribunal, Barmer in claim case No.208/2018 whereby the Tribunal awarded a compensation to the tune of Rs. 15,80,520/- to the respondents-claimants on account of accident which occurred on 2.4.2018. The Insurance Company by filing the present appeal (CMA No.1679/2020) has challenged the findings of the Tribunal on issue No.1, whereas, the claimants have preferred the appeal (CMA No. 1797/2020) for enhancement of the amount awarded by the Tribunal. Since both the appeals arise out of the judgment dated 14.07.2020, therefore the same are decided by this common judgment.