NATIONAL INSURANCE COMPANY LTD., REGISTERED OFFICE AT KOLKATA, BRANCH OFFICE AT PALI Vs. PYARI DEVI W/O BUDHARAM

JUDGEMENT

(1.) The appeal and cross objection are directed against the judgment and award dated 31/1/2008 passed by Motor Accident Claims Tribunal, Pali ('the Tribunal'), whereby, the Tribunal has awarded a sum of Rs. 2,80,000/- as compensation along with interest @ 7% p.a. from the date of application i.e. 14/12/2006 and the appellant Insurance Company has been held liable for payment of compensation.

(2.) While the appellant Insurance Company has questioned its liability to make payment of amount of compensation, the claimants have filed cross objection seeking enhancement of compensation.

(3.) The application for compensation was filed by wife and parents of deceased Vinod Kumar with the averments that Vinod Kumar was working at Ratan Cycle Works as mechanic on a monthly salary of Rs. 3,200/-, on 17/10/2006, he was going on a bicycle with his friend when the offending vehicle, TATA 407, which was being driven rashly and negligently, struck the said bicycle, resulting in both Vinod Kumar and his friend Mukesh suffering grievous injuries, to which they succumbed. Based on the said averments, compensation to the tune of Rs. 41,00,000/- was claimed. The application was opposed by owner and driver alleging that the cycle was being driven rashly and negligently which resulted in the accident.