NATIONAL INSURANCE COMPANY LTD Vs. SAVITRI DEVI

JUDGEMENT

(1.) THE Appellant National Insurance Company Limited impugns a judgment dated 12.06.2007 whereby a compensation of RS.8,00,000/- was awarded for the death of Rishal Singh Gill who died in a motor accident which occurred on 04.10.2005.

(2.) THE Motor Accident Claims Tribunal (the Claims Tribunal) while passing the impugned judgment held that Respondents No.1 to 6 were unable to prove that the accident was caused on account of default, neglect or inaction of the driver of the tempo No.DL-ILG-1492 (Respondent No.7).

(3.) THERE is twin challenge to the impugned judgment. Firstly, the learned counsel for the Appellant Insurance Company argues that a Claim Petition under Section 166 of the Act could not have been converted to the one under Section 163-A of the Act without an application being moved by the Claimants. Secondly, in a Petition under Section 163-A of the Act, the compensation has to be awarded strictly as per the structured formula.