NEW INDIA INSURANCE COMPANY LIMITED Vs. FATIMUNNISA

JUDGEMENT

(1.) The instant appeals have arisen out of the judgment and award dtd. 14/11/2019 passed by the Motor Accident Claims Tribunal and Additional District and Sessions Judge No.1, Kishangarh, District Ajmer (for short 'the Tribunal') in Claim Case No. 109/2012 (CIS No. 345/2014), titled as "Smt. Fatimunnisa and Ors. Vs. Bharat Kumar Joshi and Anr.", whereby the Tribunal while partly allowing the claim petition, has awarded a sum of Rs.4,17,500.00 along with interest @ 6 % per annum from the date of filing the claim petition as compensation in favour of the claimants-appellants (for short 'the claimants').

(2.) CMA No. 689/2020 has been filed by the New India Insurance Company Limited (for short 'the Insurance Company') challenging the judgment and award passed by the Tribunal on the various grounds, whereas CMA No. 428/2022 has been filed by the claimants seeking enhancement of compensation awarded by the Tribunal.

(3.) CMA No. 689/2020-Learned counsel for the insurance company submits that the claimants had already filed a claim petition before the Workmen's Compensation Commissioner, Sirohi, so the present claim petition filed by the claimants was not maintainable. Learned counsel for the insurance company also submits that the Tribunal has wrongly decided the issue Nos.1 and 2 against the insurance company. The Tribunal has also wrongly awarded Rs.4,17,500.00 as compensation in favour of the claimants, which is on higher side. So, judgment and award passed by the Tribunal may be set-aside/modified accordingly.