NATIONAL INSURANCE COMPANY LTD Vs. REKHA & ORS

JUDGEMENT

(1.) Since both these civil misc.appeals arise out of the common award dated 06/10/2007 passed by the court of learned Additional District Judge (Fast Track) No.6, Jaipur City, Jaipur, they are being disposed of by this common judgment.

(2.) Brief facts of the case are that on 10/06/2005, Jairam Yadav @Jagdish Yadav husband of claimant-Smt.Rekha was driving the motorcycle and going from Dudu to Jaipur. His friend Khemchand was sitting on the motorcycle as a pillion rider. When they reached about 2.30 p.m. near Shyam Plyment at National Highway No.8, Truck No.RJ-14-1G-1107 dashed the motorcycle from behind, due to which, Jairam Yadav @Jagdish Yadav husband of claimant-Smt.Rekha died, whereas Khemchand, pillion rider received injuries.

(3.) Thereafter, two claim petitions were filed claiming amount of compensation, one by Smt.Rekha, wife of the deceased-Jairam Yadav @Jagdish Yadav (claimant herein) and another by Khemchand Kumawat for the injuries received by him in the accident. Notices were issued and thereafter written statement of defence was filed. Issues were framed and after hearing the learned for both the sides, the learned Tribunal passed the impugned judgment and award dated 06/10/2007. Being aggrieved by the aforesaid judgment and award, this S.B. Civil Misc.Appeal No.4127/2007 has been filed by the National Insurance Company Ltd. assailing the quantum of the compensation, whereas S.B. Civil Misc.Appeal No.405/2008 has been filed by claimants Smt.Rekha and others for enhancement of compensation.