- (1.) Both the appeals are the cross-appeals filed by the appellant-insurance company as well as by the claimants. The appellant-insurance company has assailed the compensation awarded by the Tribunal. On the other hand, in cross-appeal, the claimants have asked for the enhancement of the compensation. Both the appeals have been filed against the judgment and order dated 7.8.2012, passed by the Motor Accident Claims Tribunal, Lucknow in Claim Petition No. 640/2009.
(2.) The brief facts of the case are that on 23.11.2009, at about 5.30 p.m., Sri Surendra Pal Singh was driving the Scooter No. U.P. 43C-7853 and his wife, deceased, Smt. Bina Kapoor was sitting as a pillion rider. When they reached near polytechnic crossing, Police Station, Gomti Nagar, Lucknow, from the back side, mixture multi-utility truck (Mixture Truck) bearing No. U.P. 32CZ-1970 came and dashed the scooter. The driver of the truck was driving it negligently and carelessly. It resulted into death of Smt. Bina Kapoor on the spot. Against the truck driver, Sri Ram Sagar, necessary F.I.R. was lodged and a Criminal Case No. 1353/09 was instituted. The claimants have filed a claim petition before the Tribunal, who vide its impugned order has awarded a total compensation of Rs. 8,18,180 against the appellant, i.e., M/s. Reliance General Insurance Co. Ltd. Being aggrieved, both the parties have filed the present appeals.
(3.) With this background, Sri Dinesh Kumar, learned counsel for the appellant-insurance company submits that the award is on higher side. There was contributory negligence on the part of the Scooter driver. So, he made a request that the award may kindly be set aside.;