NATIONAL INSURANCE COMPANY LIMITED Vs. RAM KALI

JUDGEMENT

(1.) SINCE common questions of law and facts are involved in FAO (MVA) No. 115/2006 and connected FAO (MVA) No. 125/2007, therefore, these are heard together and are being disposed of by way of a common judgment.

(2.) THE brief facts necessary for the adjudication of this FAO are that respondent-Ram Kali filed a petition under section 166 of the Motor Vehicles Act, 1988 for the grant of compensation of Rs. 8 lakhs for the injuries and disability she has suffered while travelling with her goods in the vehicle bearing registration No.HP-12-3082 which met with an accident on account of rash and negligent driving of the vehicle by its driver-respondent No.3. The claim petition was resisted by the appellant as well as owner of the vehicle. The learned Motor Accident Claims Tribunal on the basis of the evidence led by the parties has awarded a sum of Rs. 3,04,230/- on 19.12.2005. The appellant-Insurance Company has filed this FAO against the award dated 19.12.2005.

(3.) BY way of this FAO, the claimant has prayed for the enhancement of the compensation. I have heard the learned counsel for the parties and perused the record carefully.