THE ORIENTAL INSURANCE COMPANY LTD Vs. AJMER KHAN

JUDGEMENT

(1.) THE Insurance Company has preferred this appeal against the award dated 27-1-2007 passed in Claim Case No. 50/2006 by IX Additional Motor Accident Claims Tribunal (for short, "the Tribunal"), Raipur, whereby learned Tribunal has awarded an amount of Rs.1,56,000/- as compensation along with interest @ 7.5% per annum from the date of filing of the claim petition till the date of actual payment in favour of claimants/respondents No.1 and 2 and against owner and insurer of the vehicle and fastened the liability on them to pay the amount of compensation to the claimants, jointly and severally.

(2.) BRIEF facts of the case, in a nutshell, are that on 21-12-2005 at about 1.00 p.m. when deceased Alham was going on road, all of a sudden, respondent No.3 - Lokesh Kumar driving the offending vehicle - Metador bearing registration No. CG-04/0961 rashly and negligently dashed the deceased as a result of which he sustained injuries and died.

(3.) LEARNED counsel appearing for the appellant vehemently argued that the claimants falsely mentioned the Metador No. CG04/J/0961 in the said accident for getting the compensation purpose whereas the said vehicle was not involved in the accident and there was some manipulation in FIR regarding the number of the vehicle. The father of the deceased Ajmeer Khan (PW/1) has stated in para 2 of his deposition that the deceased was earning Rs.20/- per day and when the independent income of deceased is proved, the Tribunal should not have held the notional income of Rs.15000/- per year. He further submits that ignoring all the aforesaid facts the Tribunal awarded a total sum of Rs.1,56,000/- to the claimants, therefore, the impugned award passed by the Tribunal be set aside and the appellant/Insurance company be exonerated from liability.