NATIONAL INSURANCE COMPANY LIMITED Vs. PANI DEVI

JUDGEMENT

(1.) These two appeals are arising out of the same judgment and award rendered by the learned Judge, Motor Accident Claims Tribunal (First), Jodhpur (hereinafter referred to, 'the Tribunal') on 25/1/2003 in Civil Misc. Claim No.66/2000, while dealing with a the particular accident which occurred on 1/7/1999, wherein the Tribunal partly allowed the claim petition and awarded Rs.3,44,000.00 as compensation to the appellants/claimants. The CMA No.354/2003 is filed by Insurance Company praying to set aside the judgment and award dtd. 25/1/2003 or in alternative, fastening of complete liability on respondent Nos.7 and 8.

(2.) The CMA No.631/2003 is preferred by Smt. Pani Devi and Ors. seeking enhancement of compensation as well as interest to be awarded thereupon.

(3.) The second CMA No.631/2003 has been filed by the appellants stating inter alia that the deceased was working in 'chuna bhatti' and apart from aforesaid work, he was also involved in agricultural activities. The appellants have stated that the deceased was earning Rs.6,000.00 per month but the learned Tribunal erroneously assessed his income at Rs.2,000.00 per month though, the respondents neither produced any evidence for rebutting the income of the deceased nor cross examined the appellants on the point of the monthly income. The appellants by way of filing present appeal have prayed that the impugned judgment and award dtd. 25/1/2003 may be modified and the compensation may be enhanced suitably by following the law laid down by Hon'ble the Supreme Court of India in the case of National Insurance Company Limited Vs. Pranay Sethi & Ors. reported in (2017) AIR (SC) 5157.