SANTOSH KUMARI Vs. NATIONAL INSURANCE CO LTD
LAWS(J&K)-2006-9-6
HIGH COURT OF JAMMU AND KASHMIR
Decided on September 07,2006

SANTOSH KUMARI Appellant
VERSUS
NATIONAL INSURANCE CO LTD Respondents

JUDGEMENT

- (1.) M /s Om Parkash, Ashwani Kumar, Santosh Kumari, Deepak Kumari, Rano Devi and Shushma filed claim petitions in Motor Accidents Claims Tribunal, Jammu, claiming compensation for the injuries received by them while travelling in a passenger motor vehicle, Bus No. JK02E -4697, which was plying from Gadigarh to Jammu.
(2.) THESE claim petitions filed under Section 166 of the Motor Vehicles Act, 1988, "the Act", hereinafter for short, included prayer for interim award under Section 140 of the Act. The Tribunal allowed this prayer in terms of its award passed on 12.07.2002, 18.09.2002, 04.12.2002 & 11.02.2003, allowing an amount of rupees twenty five thousand (Rs.25,000/ -) each to the petitioners.
(3.) CLAIM petitions filed under Section 166 of the Act, were later disposed of by joint award dated 06.04.2004, awarding an amount of Rs.50,000/ - (Rupees fifty thousand) to Om Parkash, Rs.25,000/ - each (Rupees twenty five thousand each) to Ashwani Kumar & Santosh Kumari, Rs.10,000/ - (Rupees ten thousand) to Deepak Kumari, Rs.5,000/ - each (Rupees five thousand each) to Rano Devi & Shushma. The Tribunal further directed that the amount received by the claimants - Rano Devi and Shushma, awarded under Section 140 in excess of amount awarded under Section 166 of the Act, be refunded. Appeals by aggrieved claimants: Five out of the six claimants are aggrieved by the award of the Tribunal. They have approached this Court in these appeals to seek enhancement of the amount of compensation awarded by the Tribunal besides seeking annulment of that portion of the Award of the Tribunal whereby it directs them to refund the amount received under Section 140 of the Act in excess of the amount awarded under Section 166 of the Act. Submissions On behalf of Appellants: ;


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