United India Insurance Company Limited Ernakulam – Appellant
Versus
Beena Pathrose, W/o. Late Pathrose John – Respondent
Ravikumar, J.
The captioned appeals carry conflicting contentions and prayers though both of them carry challenge against the judgment and award dated 26.11.2005 in O.P.(MV) No. 2195/2013 passed by the Motor Accidents Claims Tribunal, Ernakulam. The above mentioned claim petition was filed by the appellants in the latter appeal and the third respondent therein, the insurer of the alleged offending vehicle involved in the accident that led to its filing, is the appellant in the former appeal. While the appellant in the former appeal seeks for appellate interference with the award on the ground of exorbitancy of the quantum of compensation granted by the Tribunal, the appellants in the latter appeal seek for its enhancement contending that they were denied 'just compensation'. For the sake of convenience, the parties are referred to hereinafter in this judgment, in accordance with their respective status in the claim petition, unless otherwise specifically mentioned.
2. As noticed hereinbefore, the third respondent feels aggrieved by the award, as according to the insurer, the quantum of compensation granted by the Tribunal is highly exorbitant. It is with the prayer to scale
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