- (1.) Since both the appeals arise out of one judgment and award passed by the learned Tribunal, hence the arguments have been heard together and they are being decided by this common judgment.
(2.) At the very outset, learned counsel for the Insurance Company submits that the learned Tribunal while passing the impugned award has not taken into consideration the objections which he has raised by way of the aforesaid appeals. The finding of the learned Tribunal on issue no. 4 is contrary to the material available on record. Thus, the impugned award passed by the learned Tribunal qua issue no. 4 be quashed and set aside and the matter be remanded to the learned Tribunal with the direction to decide the matter afresh in the light of objections which he has raised by way of the aforesaid appeals. In support of his contentions, he has placed reliance on the following judgments: i) Dhanraj Vs. New India Assurance Co. Ltd, 2005 ACJ 1 ii) New India Assurance Co. Ltd. Versus Meena Bai, 2007 ACJ 821 iii) Oriental Insurance Co. Ltd. Versus Jhuma Saha, 2007 ACJ 818 iv) National Insurance Co. Ltd. Versus Swarn Singh, 2004 ACJ 1 v) National Insurance Co. Versus Chinnamma, 2004 3 TAC 577 vi) National Ins. Co. Versus Om Prakash, 2006 3 TAC 113 vii) New India Ass. Co. Versus Sadanand Mukhi, 2009 ACJ 998 viii) Oriental Ins. Co. Ltd. Versus Brij Mohan, 2007 ACJ 1909 ix) National Ins. Co. Versus Prembai Patel, 2005 ACJ 1323 x) United India Ins. Co. Versus Gian Chand, 1997 ACJ 1065 xi) New India Ass. Co. Ltd. Versus Kusum & Others, 2010 2 ACC 518
(3.) E converso, the learned counsel for the respondents also contended that the finding of the learned Tribunal on issue no.2 is contrary to the material on record. In case this Court is remanding the matter, then the learned Tribunal may be directed to decide issue no.2 afresh. In support of his contentions, he has placed reliance on the judgment rendered in the case of Uttar Pradesh State Road Transport Corporation Versus Kulsum and others, 2011 8 SCC 142. He further submits that the claimants in appeal no. 5000/2009 (Claim Petition No. 92/2007 {75/2004}) have not received a single penny, hence the learned Tribunal be directed to disburse at-least 50% amount under the award to the claimants.;