SANTOSH KUMARI Vs. NATIONAL INSURANCE CO LTD
HIGH COURT OF JAMMU AND KASHMIR
NATIONAL INSURANCE CO LTD
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(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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