KAKAPPA Vs. RAMZANSAB

JUDGEMENT

(1.) The appeal in M.F.A. No.21695/2011 by the Insured and the companion appeal in M.F.A. No.21700/2011 by the claimant seek to call in question the Judgment & Award dtd. 4/12/2010 whereby the Additional MACT, Saundatti, having favoured the claim petition in M.V.C. No.900/2006, has awarded a compensation of Rs.3,23,500.00 with interest at the rate of 6% p.a. subject to the usual condition of Bank Deposit of a portion thereof for a period of five years.

(2.) The owner of the insured vehicle contends that liability ought to have been fastened on the insurer, regard being had to the question of nature of driving licence being irrelevant in the light of Apex Court decision in Mukund Dewangan vs. Oriental Insurance Company Limited , (2017) 14 Supreme Court Cases 663. The claimant contends that the award is too much on the meager side, the income factor having been taken too low disregarding the one specified in the Lok Adalat Notional Income Chart.

(3.) Learned Senior Panel Counsel appearing for the Insurer vehemently opposes both the appeals making submissions in justification of the impugned Award and the reasons on which it has been structured. He contends that the MACT being a statutory expert body has got accumulated wisdom in the trade and therefore, the Appellate Court should be slow in granting indulgence in appeals of the kind. So submitting, he seeks dismissal of both the appeals.