BAJAJ ALLIANZ GENERAL INSURANCE Vs. AMIT BADA

JUDGEMENT

(1.) These are the four appeals filed by the Insurance Company under Section 173 of the Motor Vehicles Act arisen out of a common award dated 27/09/2016 passed by the learned Motor Accident Claims Tribunal, Ambikapur, District Surguja (C.G.) in Motor Accident Claim Cases No. 86/2016, 87/2016, 88/2016 and 89/2016.

(2.) Vide the said impugned awards, the Tribunal has awarded a compensation of Rs.26,000/-, Rs.7,79,000/-, Rs.12,43,500/- and Rs.5,36,000/- in claim cases No.88/2017, 86/2017, 87/2017 and 89/2017 respectively with interest @ 7% per annum from the date of award. It was further ordered by the Tribunal that, in the event if the amount is not deposited within a period of 30 days from the date of award, the amount shall carry penal interest at the rate of 9% per annum.

(3.) The contention of the counsel for the Insurance Company is that, there are certain serious violations of the Motor Vehicles Act and Rules on part of the deceased persons which contributed to the accident and therefore the Insurance Company should not have been saddled with the liability of payment of compensation. He further submits that, from perusal of record it appears that, all the four persons i.e. the three deceased persons and one injured person were travelling on the same Motorcycle at the time of the accident. Thus, there is an apparent breach of Motor Vehicles Act and Rules which would establish the contributory negligence on their part. It was also pointed out by the counsel for the appellant that, the doctor found smell of liquor from the body of the deceased persons which would further establish that, the deceased persons were in the influence of alcohol at the time of the accident which might have also been the factor contributing the accident and thus prayed for setting aside of the award or atleast the award of compensation be reduced by attributing contributory negligence.