A.S.TRIPATHI, S.K.DUBEY
Vimla Gangotia – Appellant
Versus
National Insurance Company – Respondent
S.K. Dubey, J. -- 1. The two appeals have been filed against the award dated 24.12.1991 passed in Claim Case No. 1 of 1989, by the Member, Motor Accident" Claim Tribunal, Datia (for short, the 'Tribunal').
2. Misc. Appeal No. 74 of 1992 is of the claimant" for enhancement of compensation and for setting aside the award so far it relates to apportionment of the liability of payment of compensation in equa1 proportion by the insurer and owners of the two offending vehicles.
3. Misc. Appeal No. 66 of 1992 is by the owner and driver of the passenger bus No. CPW 6790, involved in the accident, which challenges the award as excessive and also the award specifying the amount of compensation payable by the Insurance Company limiting to Rs. 50,000/- of it statutory liability under section 95 (2) (b) (i) of the Motor Vehicles Act, 1939 as amended (or short, the 'Act of 1939')
4. Claimant No.1 is the widow and claimant No.2 is the daughter of the deceased Arun Kumar, who died because of the motor accident., occurred on 23.9.1988. On the day of accident the deceased as a pillion-rider on scooter No. MPI 8656 driven by Ashok Kumar who was going from Bhander side to Datia; a passenger bus dri
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