These appeals are directed against the order passed by the Division Bench of the Madhya Pradesh High Court whereby the learned Division Bench of the High Court vide order dated 4/1/2000 dismissed the appeals filed by the Insurance Company and allowed the cross objections filed by the claimants and awarded full companypensation to the claimants.
The claimants also filed cross objections for enhancement of companypensation amount.
The tribunal after appreciation of evidence granted companypensation of Rs.1,50,000/ to the LRS of deceased Rameshchand and Rs.3,75,000/ to the LRS of Vimal Kumar and directed the Insurance Company as well as the driver and owner to pay the same jointly and severally.
The appellant and number applicants respondents filed companymon written statements and resisted the claim.
Necessary facts for the disposal of these appeals are that on 15th July, 1989 Vimal Kumar was going on his scooter with Rameshchand as pillion rider.
When they reached near village Tikdijogi, number applicant respondent came from opposite direction driving bus No.
The LRs of Rameshchand claimed companypensation of Rs.15,02,180/ , while LRS of deceased Vimal Kumar sought companypensation to the extent of Rs.7,61,000/ in claim case Nos.
He was driving scooter in a rash and negligent manner which caused the accident.
No plea of the limited liability was taken in the written statement by the insurance companypany.
Aggrieved against the order, the Insurance Company filed the appeals against the award before the High Court.
The plea taken was that Vimal Kumar had numbervalid driving licence.
83/89 and 101/89 respectively.
M.B.N. 1188 belonging to number applicant No.2 Kanhaiyalal and insured with appellant New India Assurance Co. in a rash and negligent manner dashed against scooter, as a result of which Vimal Kumar and Rameshchand died.
