SHRIRAM GENERAL INSURANCE CO. LTD. Vs. JETHMAL SINGH

JUDGEMENT

(1.) Both, the civil misc appeal, S.B. Civil Misc. Appeal No. 2811/2019 as well as the cross-objection, S.B. Cross Objection (Civil) No. 243/2020 are being decided by this common order, however facts of S.B. Civil Misc. Appeal No. 2811/2019 are illustratively taken for consideration.

(2.) The present civil misc. appeal has been filed by the appellant-Insurance Company, under Sec. 173 of the Motor Vehicles Act, 1988 ('MV Act') assailing the judgment and award passed by the Judge, Motor Accidents Claims Tribunal, Barmer (Raj.) ('Tribunal') dtd. 17/7/2019 in MAC Case No. 214/07, whereby the learned Tribunal has partly allowed the claim filed by the respondent-claimants under Sec. 166, while awarding Rs.8,43,760.00 with interest @ 7% p.a. from the date of filing the claim, while fastening the liability upon the appellant-Insurance Company.

(3.) The present cross-objection has been filed by the respondent-claimants under Order 41 Rule 22 of the Code of Civil Procedure, 1908 ('CPC'), assailing the award passed by the learned Tribunal whereby the respondent-claimants have been awarded a meager compensation of Rs.8,43,760.00 with interest @ 7% p.a from 25/9/2017, thus praying for enhancement of the award passed by the learned Tribunal.