ISHWARI BAI Vs. ASHOK MASIH

JUDGEMENT

(1.) This appeal is filed by the claimants for seeking enhancement and liability fastened upon non-applicant No. 3/respondent No. 3/ Oriental Insurance Company and no counter appeal is filed by the Insurance Company as submitted by both the counsel of the parties. Therefore, default as pointed by the office is overruled looking to the liability fastened upon non-applicant No. 3/ respondent No. 3/Oriental Insurance Company and appeal is heard on merits with the consent of party without serving the notice to the respondent Nos. 1 and 2.

(2.) Heard both the counsel of the parties.

(3.) This appeal is preferred by the claimants under Section 173 of the Motor Vehicles Act, 1988 against the award dated 27/10/2018 passed by Additional Motor Accident Claims Tribunal Dhamtari (C.G.) in Claim Case No. 155/2017 awarding total compensation of 8,43,500/- with interest @ 6% per annum from the date of application till realization, fastening liability on the non-applicant No. 3/respondent No. 3/Oriental Insurance Company Ltd.