NEW INDIA ASSURANCE COMPANY LIMITED Vs. DUBEYRAM

JUDGEMENT

(1.) Present is an appeal filed by the Insurance Company under Section 173 of the Motor Vehicles Act assailing the award dated 02/04/2012 passed by the learned Additional Motor Accident Claims Tribunal, Balod, District Durg (C.G.) in Motor Accident Claim Case No. 238/2011.

(2.) Vide the impugned award, the Tribunal in a death case under Section 166 of the Motor Vehicles Act has awarded a compensation of Rs.3,37,000/- with interest @ 6% per annum from the date of application.

(3.) The facts of the case in brief is that, the deceased - Siyaram in the instant case met with an accident on 07/05/2005 while he was travelling in a Bolero Jeep bearing registration No. CG-07-0740 and the same turned turtle as a result of which the deceased received certain injuries. An F.I.R. in respect of the said accident was lodged for the first time after more than 1 - 1/2 month i.e. on 20/06/2005. An MLC in respect of the injuries sustained was also conducted on the same day. Subsequently, the deceased died on 29/07/2005. The legal representatives of the deceased filed the claim application under Section 166 of the Motor Vehicles Act. The said case got initially decided on 27/02/2008 by the learned Additional Motor Accident Claims Tribunal, Balod in the original claim case No. 04/2007. The Tribunal at that point of time had rejected the claim application. The said rejection was challenged by the claimants before the High Court, Bilaspur where the case was registered as MAC No.1323/2009. The said case was decided by the Division Bench of this Court on 17/01/2011 and the High Court has set aside the award on 27/02/2008 and remitted the matter back to the Tribunal for a fresh adjudication granting opportunity to the parties to amend the pleadings, file documents and get the documents verified and also adducing further evidence to substantiate their contentions. As a result of the remand made by the High Court, the matter was again re-registered as claim case No.238/2011 which stood decided vide the impugned award dated 02/04/2012 whereby a compensation of Rs.3,37,000/- was awarded in favour of the claimants and the liability of payment of compensation was fastened upon the Insurance Company.