LAKSHMI Vs. NILESH

JUDGEMENT

(1.) THIS order shall also govern the disposal of MA.No.697/07 as in both the appeals award under challenge is dated 23/12/06 passed by MACT, Badwani in Claim Case No.16/06, whereby claim petition filed by the appellants on account of death of one Mahesh in a motor accident which took place on 07/04/05, was allowed and compensation of Rs.2,30,500/- was awarded holding respondents liable.

(2.) IN MA.No.1511/07 prayer is that the amount awarded by the learned Tribunal is on lower side and the same be enhanced, while in MA.No.697/07 prayer of respondent No.2 is that the learned Tribunal committed error in holding respondent No.2 liable for payment of compensation.

(3.) LEARNED counsel for the appellants argued at length and submits that the amount awarded by the learned Tribunal is grossly inadequate, which deserves to be enhanced. So far as liability is concerned, it is submitted that since the offending vehicle was insured with respondent No.2, therefore, learned Tribunal has rightly held respondent No.2 liable for payment of compensation. It is submitted that the appeal filed by the appellants be allowed and the appeal filed by respondent No.2 be dismissed.