ORIENTAL INSURANCE CO LTD Vs. PADMAVATI JAGDISHKUMAR VYAS

JUDGEMENT

(1.) These two appeals were heard analogously as those arise out of a common award dated January 31, 2002 passed by the Motor Accident Claims Tribunal and Judge 12th Court, City Civil and Sessions Court at Ahmedabad, in Motor Accident Claim Petition No.1269 of 1998 by which the Tribunal awarded a total sum of Rs.8,13,000/- as compensation with interest at the rate of 12% per annum from the date of filling the application till realization.

(2.) Being dissatisfied, the Insurance Company has preferred the First Appeal No.1554 of 2002 while the other appeal being First Appeal No.1242 of 2003 has been filed by the claimants for enhancement of the amount.

(3.) In the claim-application, the claimants are four in number. The claimant No.1 is the widow of the victim, the claimant No.2 is the minor son of the victim and the claimant Nos.3 and 4 are the mother and the father of the victim respectively. In the claim-application under Section 166 of the Motor Vehicles Act, the driver of the vehicle was made opponent no.1, the owner of the involved vehicle was made opponent No.2 and the Oriental Insurance Co. Ltd, the insurer of the vehicle, was made opponent No.3.