ORIENTAL INSURANCE COMPANY LIMITED Vs. SUDAMA

JUDGEMENT

(1.) THIS appeal has been filed by the appellant/Insurance Company only on the question of quantum against the award dated 31.7.2008, passed by the Additional Motor Accident Claims Tribunal (FTC), Pratappur, in Claim Case No. 62/2007.

(2.) BRIEF facts, in nutshell, as projected by the claimants, are that on 19.2.2007 deceased Manikchand was coming from Wadrafnagar on a motorcycle, bearing registration No. C.G. 15-E/9154, which was being driven by the non-applicant No.2 (Anil Kumar Jayaswal), who was owner of the vehicle. It is alleged that due to the rash and negligent driving of the non- applicant No.2 an accident occurred and as a result of that accident Manikchand died. The respondents No. 1 to 7, being legal heirs of the deceased, filed a claim case under Section 166 of the Motor Vehicles Act, 1988 for award of a total compensation of Rs. 13,33,500.00 under various heads.

(3.) THE Insurance Company was also granted opportunity to adduce evidence but the same was not availed by it. THErefore, when the Insurance Company failed to press the application during the entire pendency of the claim petition, it was not open for it to plead in this appeal that the application under Section 170 of the Act, 1988 remained undecided. THErefore, we are of the opinion that the insurer was not conscious from the very beginning that it should have obtained permission under Section 170 of the Act, 1988 by pressing the application.