NEW INDIA ASSURANCE CO LTD Vs. SOM NATH

JUDGEMENT

(1.) THESE are two appeals which have arisen out of the Award dated 14.09.2010 wherein compensation in the sum of '3,57,000/- along with interest @ 7.5% per annum had been awarded in favour of the claimants from the date of filing of the petition till realization.

(2.) THE first appeal i.e. MAC APPEAL No. 8/2011 has been filed by the Insurance Company. Admittedly permission under Section 170 of the Motor Vehicle Act (MVA) has not been taken by the Insurance Company before filing this appeal. THE contention of the appellant/Insurance Company is that no such permission is required. THE grounds of appeal as is evident from the body of the appeal is that vehicle in question i.e. Qualis was not involved in the accident; contention is that this has not been correctly appreciated by the Tribunal; the amount awarded is exorbitant; it is on the higher side; only a just and fair compensation was to be awarded; claimnts could not have been enriched; Award has accordingly been challenged on the aforenoted grounds. In the body of the appeal itself, it has been stated that permission under Section 170 of the MVA is not required.

(3.) THE second appeal i.e. MAC APPEAL No. 83/2011 is an appeal filed by the claimants seeking enhancement of compensation. THE compensation awarded as noted supra is in the sum of Rs. 3,57,000.00 along with interest @ 7.5% per annum. THE claimants are the parents of the victim Kunal @ Sonu. THE deceased was coming on a motor cycle along with two persons when he was hit by Qualis No.DL-6CG-6601 which had been driven in rash and negligent manner; Qualis had fled away from the scene; one eye witness Bhagat Singh had been examined. It was not refuted that the Qualis was insured with the Insurance Company; contention of the Insurance Company was that this vehicle was not involved in the accident; however, since the appeal filed by the Insurance Company has been dismissed, this Court need not examine or deal with this argument.