R.D.SHUKLA
Sunder Lal – Appellant
Versus
Haider Ali And Ors. – Respondent
R.D. Shukla, J.
1. This order shall dispose of M.A. Nos. 38 and 133 of 1992, Nos. 471 and 472 of 1991 as all the four appeals arise out of judgment and award dated 27.9.1991 of IVth Motor Accidents Claims Tribunal, Indore, passed in Claim Case Nos. 2 and 3 of 1987, whereby the claimant Haider Ali has been awarded a total compensation of Rs. 24,500/- for sustaining injuries in a motor accident on 13.7.1986 and Hussaini has been awarded a compensation of Rs. 10,500/- for sustaining injuries in the same accident.
2. The brief history of the case is that Haider Ali and Hussaini were travelling on a scooter. Haider Ali was driving it while Hussaini was a pillion rider. They met with an accident. Motor vehicle No. MBI 9212 was coming from opposite direction. The same was being driven rashly and negligently. It dashed against the scooter, and resulted in injuries to Haider Ali and Hussaini. Both of them filed separate claim petitions (Haider Ali filed Claim Case No. 2 of 1987 and Hussaini filed Claim Case No. 3 of 1987) for compensation. The learned Tribunal awarded compensation as above with a direction that the insurance company is not liable for making payments. The owner of the
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