Nemi Chand and Others vs Gori Lal Meena and Others

M.C. Sharma, J—Since both these appeals relate to one incident and arise out of the common judgment and award passed by the learned Tribunal, hence the arguments have been heard together and they are being decided by this common judgment. Brief facts of the case are that 10.5.1993 at about 5.45 pm when Nemi Chand Jain came out of the office of Panchayat Samiti, Taleda and going on the pave way, suddenly the driver of Truck No. RJG 405, while driving the truck rashly and negligently and without giving the horn came there and hit Nemi Chand, as result of the wheel of the truck ran over the Nemi Chand.

Thereafter a claim petition was filed; notices were issued; reply was filed; certain-issues were framed and after hearing all the parties, the learned Tribunal passed the aforesaid impugned judgment and award dt. 18.7.2003, awarding Rs. 2,07,000/- as compensation in favour of claimants.

Being aggrieved by the aforesaid judgment and award, the instant two appeals have been filed: one by the insurance Co. challenging the judgment and award passed by the Tribunal; and another by the claimants for enhancement of compensation. During the pendency of appeals, Nemi Chand expired and his legal representatives were brought on record.

Mr. M.C. Jain, learned counsel for the claimants has contended that the Nemi Chand died in the year 2013 only on account of the injuries sustained by him. He is not challenging any injury part, but he is only challenging the loss of income, which has not been discussed by the Tribunal in issue No. 2 and 4. Hence the judgment and award passed by the Tribunal be modified.

On the other hand, learned counsel for the Insurance Co. have contended that issue No. 2 and 4 have been rightly decided by the Tribunal. Mr. Deepak Goyal, learned counsel for the Insurance Co. has contended that the amount of compensation, which has been awarded by the Tribunal should not be enhanced. And, Mr. Tripurari Sharma, learned counsel for the Insurance Co. has contended that the judgment and award passed by the Tribunal qua issue No. 3 should be quashed and aside.

I have heard learned counsel for the parties and carefully perused the relevant material on record.

I am in agreement with the observations made by the Tribunal while passing the impugned judgment and award, which is reproduced as under:

Looking to the facts and circumstances of the case, both the appeals, filed by the claimants as well as Insurance Co. being without any substance, are hereby dismissed. Stay application (s) also stand dismissed accordingly.