JUDGEMENT
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(1.) THE appellant in these appeals has challenged the order of Motor
Accidents Claims Tribunal on common grounds. These appeals have been
consolidated and are being disposed of by common order having involved
common questions for adjudication.
(2.) AS a result of the accident the claimants filed their Claim Petitions before the respective Tribunals having the jurisdiction. The
Tribunal awarded the compensation on appreciation of the evidence and the
law relating to the facts of the cases. While awarding compensation to
the claimants/victims, the Tribunal also allowed interest @ 9% and 12% in
various Claim Petitions.
(3.) THE validity of the orders of the Tribunal have been questioned by the appellant on the ground that though the finding has been recorded
by the Tribunal that the driver was not having valid driving licence and
in presence of such findings the Tribunal was not right to make an
observation and direct that the appellant may approach an appropriate
forum for recovery and prove violation of the policy condition and claim
compensation from the owner.
That the multiplier in appeal No. 12/2003 and 49/2003 has not been correctly applied. The amount awarded for shock, pain and consortium
is not justified.;
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