- (1.) This order will dispose of FAO No. 6972 of 2011 titled Cholamandalam MS General Insurance Company Limited vs. Birbhan and others" and Cross Objections No. 32-CII of 2012 filed by respondents No. 1 and 3, as these have emerged out of common award dated 27.9.2011 passed by the Motor Accident Claims Tribunal (Fast Track Court), Hisar (in short "the Tribunal").
(2.) The claimants-respondents invoked the provisions of Section 166 of the Motor Vehicles Act, 1988 (in short "the Act") for award of compensation in regard to death of Mukesh Kumar @ Nahesha in a motor vehicular accident on 14.8.2010. The learned Tribunal, in view of pleadings of the parties framed issues, allowed the parties to lead evidence and after having heard counsel for the parties, determined issues No. 1 and 2 in favour of the claimants and issue No. 3 was decided against the insurer (appellant) and eventually, the petition was allowed and the claimants are held entitled to get compensation of Rs. 3,50,000/- alongwith pendent lite and future interest at the rate of 6% per annum. Feeling aggrieved against the verdict of the learned Tribunal, the insurance company has filed the appeal to challenge quantum of compensation assessed by the Tribunal whereas cross objections have been preferred by the claimants seeking enhancement of compensation. The parties shall be referred to as the insurance company and claimants for facility of reference.
(3.) Counsel for the insurance company (appellant) would contend that application for grant of compensation was filed by three brothers of the deceased who are elder to him and they were not dependent upon earning of the deceased, therefore, their claim for compensation cannot be allowed in excess of Rs. 50,000/- under Section 140 of the Act.;