NATIONAL INSURANCE CO LTD Vs. ALKA DAVE

JUDGEMENT

(1.) - Since all the appeals and the cross-objections arise out of the same award, namely, award dated 23. 2. 94 passed by the Motor Accidents Claims tribunal, Kotputli, they are being decided by this common judgment.

(2.) IN a nutshell, the facts of the case are that in the midnight of 30/31. 7. 1989 while the family of Achutshankar Dave was travelling in Maruti car bearing registration No. DNA 6920, from Delhi to jaipur, as soon as the car reached village kanwarpura at about 4 a. m. , the car tried to overtake a truck which was in front of it. However, while overtaking the said truck, the car struck against another truck which was standing on the extreme right side of the road. Consequently, while the driver, vivek Anand expired on the spot, other passengers sustained injuries. Therefore, the dependants of the driver and the injured persons filed separate claim petitions before the learned Tribunal. In order to substantiate their cases, 9 witnesses were examined by claimants and a large number of documents were submitted. After hearing both the sides, vide award dated 23. 2. 1994, the learned Tribunal awarded different compensation amounts to various claimants.

(3.) ON the one hand, National Insurance co. Ltd. is aggrieved by the quantum of compensation amount. Hence, it has filed the present appeals. On the other hand, since the claimants are aggrieved by the meagreness of the compensation amount, they have filed the cross-objections praying for enhancement of the compensation amount.