NEW INDIA ASSURANCE COMPANY LIMITED Vs. DULARI BAI

JUDGEMENT

(1.) Claim case was filed by the respondents/claimants before the Tribunal alleging that on 4.3.2001 while deceased Suresh Kumar Ganjir was driving his motorcycle bearing registration No. MP 62/0117 along with Girdhar and Jagat who were sitting as pillion riders, at the Mujalgodi turning the vehicle got out of control and met with an accident resulting in the instantaneous death of Suresh Kumar Ganjir and causing grievous injuries to two pillion drivers namely Giridhar and Jagat. Respondents/claimants filed a claim petition under Section 163-A of the Motor Vehicle Act, (for short the "MV Act") claiming compensation of Rs. 44,42,000/- whereas two separate claim cases were also filed by the injured namely Giridhar and Jagat.

(2.) By the impugned award dated 24.4.2003 the learned claims tribunal decided all the three cases together and in the present case awarded compensation of Rs. 6,61,480/-. However, after deducting 25% of Rs. 6,61,480/- which comes to Rs. 1,65,370/- towards the contributory negligence of the deceased the Tribunal awarded a total sum of Rs. 4,96,110/- in favour to the claimants.

(3.) Aggrieved with the impugned award the insurance company has preferred this appeal on following grounds: