NEW INDIA ASSURANCE CO LTD Vs. VIVEK THAKUR

JUDGEMENT

(1.) The Appellant impugns a judgment dated 07.09.2007 whereby in a Petition under Section 163-A of the M.V. Act preferred by the Respondents No.1 to 3, a compensation of Rs. 4,31,900/- was awarded in their favour.

(2.) The Appellant's (Insurance Company's) grievance is that there were two vehicles involved in the accident i.e. a TSR bearing No.DL-1RE-3360 in which the deceased was travelling and a stationary bus bearing No.DL-1PB-1906 which was owned by Sukhchain Singh (the Respondent No.7) and was insured with the Appellant New India Assurance Co. Ltd. It is stated that although there was no negligence on the part of the driver of the bus and the TSR driver being solely liable, having rammed the TSR in the stationary bus, the Claims Tribunal erred in fastening the entire liability on the Appellant. It is further the contention of the Appellant Insurance Company that the Claims Tribunal had no power to ask the Insurance Company to satisfy the award in the first instance and then decide on the liability. It is urged that in the absence of any evidence, the deceased's income should have been taken as Rs. 15,000/- per annum. The multiplier of 16 adopted by the Claims Tribunal, argues the learned counsel is also on the higher side.

(3.) There is no appearance on behalf of the Respondents No.1 to 3 or the owner & the driver of the TSR.