NEW INDIA ASSURANCE CO. LTD. Vs. SUDAMA DEVI

JUDGEMENT

(1.) Since both these appeals arise out of the common award dated 23/1/2017, therefore, this order shall govern the disposal of both these appeals.

(2.) These Miscellaneous Appeals under Section 173 of the Motor Vehicles Act, 1988 have been filed against the award dated 23/1/2017 passed by the Fourth Motor Accident Claims Tribunal, Gwalior in Claim Case No.269/2014.

(3.) These appeals have been filed by the New India Assurance Company Limited and the Oriental Insurance Company Limited. The claimants have also filed an appeal, which has been registered as MA No.504/2017. Since notices of the appeal filed by the claimants (MA No.504/2017) were not issued, therefore, today hearing of the said appeal has been deferred and the counsel for the respective Insurance Companies have accepted the notice on behalf of their Insurance Company. In these appeals filed by the Insurance Companies they have also challenged the quantum of compensation awarded to the claimants under the miscellaneous head. Since hearing of the appeal filed by the claimants has been deferred and the question of quantum is yet to be decided in that appeal, therefore, in order to avoid any conflicting judgments with regard to the amount of compensation, the grounds with regard to the quantum of compensation raised by the Insurance Company in these appeals is kept open and shall be decided while deciding the appeal filed by the claimants.