UNITED INDIA INSURANCE COMPANY Vs. TAJ BANO & ORS
LAWS(RAJ)-2008-11-124
HIGH COURT OF RAJASTHAN
Decided on November 06,2008

UNITED INDIA INSURANCE COMPANY Appellant
VERSUS
Taj Bano And Ors Respondents

JUDGEMENT

- (1.) Both these appeals involve common question of law and fact, they arise out of the same accident, and the learned Tribunal has passed the impugned orders on the same day in both the matters though separate orders but on the same lines, therefore, both these appeals are being decided by this common order.
(2.) Necessary facts are that on 12.7.1987 the unfortunate accident took place wherein the two victims being Asik Ali and Salim Mohd died. Claim No. 25 forming part of Appeal No. 234 has been lodged on account of death of Asik Ali while Claim No. 24 forming part of Appeal No. 233 has been lodged on account of death of Salim Mohd.
(3.) In the claim petition the claimants claimed compensation under Section 110A, and along with that also prayed that under Section 92A the claimants are entitled to be awarded compensation of Rs. 15,000 on No Fault Liability basis. That amount claimed on the basis of No Fault Liability was decided. However, the learned Tribunal by the impugned order has awarded a sum of Rs. 50,000 in each of cases, on No Fault Liability basis by observing that the amount of Rs. 50,000 as has been claimed is justified under Section 140 of the Motor Vehicles Act.;


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