NEW INDIA ASSURANCE CO LTD Vs. SOMA DEVI

JUDGEMENT

(1.) By this judgment two cross-appeals, being F.A.O. (MVA) Nos. 134 and 160 of 2005, are being disposed of.

(2.) The only question involved in these appeals is with regard to the amount of compensation payable to the claimants, hence reference is being made only to that portion of the pleadings and the evidence which are relevant for the decision of this issue. The insurance company was permit- ted by the Tribunal to contest the petition on all grounds under section 170 of the Motor Vehicles Act, 1988.

(3.) The claimants are the widow, three sons and mother of the deceased Chamel Singh. Chamel Singh was riding his motor cycle. This motor cycle was hit by tanker No. HP 24-5658, which was owned by Naresh Kumar & Co. and was driven by Nand Lal. Chamel Singh sustained serious head injuries. He was taken to the hospital at Bilaspur from where he was referred to P.G.I., Chandigarh. He succumbed to his injuries on 31.5.2003. The claimants, being the heirs and legal representatives of the deceased filed the claim petition for grant of compensation.