NEW INDIA ASSURANCE CO LTD Vs. CHINTA DEVI

JUDGEMENT

(1.) The present appeal has been preferred by the appellant/Insurance Company assailing the impugned order dated 18.04.2012, whereby the learned Tribunal has granted a compensation for a sum of Rs.16,82,000/- with interest @ 9% per annum from the date of filing of the petition till the date of realization.

(2.) The Detailed Accident Report (DAR) was filed by the Investigating Officer before the learned Tribunal, which was converted into claim petition under Section 166 (4) of the Motor Vehicles Act, 1988 (hereinafter to be referred as 'MV Act'). Since the case was not settled by the appellant/Insurance Company, the claim petition was accordingly contested denying the allegations raised therein.

(3.) The learned Tribunal neither framed any issue on negligence on the part of the driver/respondent No.4 of the offending vehicle on the accident in question nor respondent Nos. 1 to 3/claimants preferred to lead any evidence before the learned Tribunal to prove the rash and negligent driving by the respondent No.4. Thus, the learned Tribunal has erred in passing the impugned award without framing and deciding the issue on negligence.