(1.) The appellant-Insurance Company has filed this appeal challenging the liability fastened upon it by the Additional Motor Accident Claims Tribunal, Pendra Road by impugned award dated 31-07-2013 in Claim Case No. 86/2011, whereby learned Claims Tribunal allowed the claim application, awarded Rs. 4,40,500/- as compensation, to be bad in law. Cross objection is also filed by the Respondent- claimant challenging the award of compensation to be inadequate.
(2.) Facts relevant for disposal of this appeal are that on 21-10-2010 at about 10:00 pm, when Gend Lal Kewat (deceased) was going to village Ushar on his motor cycle, on the way, he was dashed by a Bolero Jeep bearing Registration No. CG10 F 0457 (hereinafter referred to as "offending Jeep") driven by Respondent 2/ Non-applicant 1. In the aforementioned accident, Gend Lal suffered grievous injuries over his person and succumbed to those injuries on spot. Respondent 1/ claimant, who is widow of deceased Gend Lal filed claim application seeking total compensation of Rs. 30,30,000/- on account of death of late Gend Lal in a road accident, mentioning therein that the deceased was earning Rs. 1,000/- per day from the business of fishery. It was also pleaded that deceased was also owing 5.50 acre agricultural land and from that he was earning Rs. 2 lakh per year.
(3.) Respondent 2 and 3/ Non-applicant 1 and 2, who are driver and owner of the offending Jeep, submitted reply to claim application and denied all the adverse pleadings made against them. They have denied the fact of accident and pleaded that on the date of accident, Respondent 3 Owner of the offending Jeep had gone to Shahdol along with his family members on his jeep. They have also pleaded that a false and fabricated case has been registered against them. On the date of accident, offending Jeep was insured with Non-applicant 3/ appellant- Insurance Company and the liability, if any, for payment of compensation will be upon Non-applicant 3/ appellant- Insurance Company.