SMT.KAILASH KUNWAR Vs. KALU RAM & ANR.

JUDGEMENT

(1.) These two miscellaneous appeals under Sec. 173 of the Motor Vehicles Act, 1988 (the Act of 1988) by the claimants appellants relating to the same vehicular accident and arising out of the common award dated 19.02.1999 as made by the Motor Accidents Claims Tribunal, Udaipur in the respective claim cases (Nos.172/1992 and 173/1992), have been considered together and are taken up for disposal by this common judgment.

(2.) The claim cases aforesaid were filed by the respective claimants-appellants seeking compensation on account of the loss suffered by them due to the demise of the victims Shri Kishore Singh and Shri Shambhu Singh in the same accident. The appellant of CMA No.422/1999 is the wife of the deceased Shri Kishore Singh; and the appellants of CMA No.461/1999 are the wife and children of the deceased Shri Shambhu Singh. The Tribunal has awarded an amount of Rs. 1,07,200.00 to the claimant-appellant of CMA No.422/1999 Smt.Kailash Kunwar; and an amount of Rs. 1,97,800.00 to the claimants-appellants of CMA No.461/1999 Smt.Babbu Kunwar and others. The Tribunal has also allowed interest @ 8% per annum from the date of filing of the respective claim applications.

(3.) The claimants-appellants submit in each of the appeals that the amount awarded by the Tribunal is much on the lower side and needs to be enhanced.