RELIANCE GENERAL INSURANCE CO. LTD. Vs. ANJALI

JUDGEMENT

(1.) These two appeals, both under Sec. 173 of the Motor Vehicles Act assail the award dtd. 13/4/2018 passed by the learned Motor Accident Claims Tribunal, (Shahadara), Karkardooma Courts, New Delhi in MAC No.1036/2016. Vide the impugned award, learned Tribunal has awarded a compensation of Rs.27,74,000.00 with interest @ 9% p.a. in favour of the claimants. While the insurance company seeks reduction of the compensation by way of MAC APP. 561/2018, the claimants seek enhancement of compensation by way of MAC. APP 740/2018.

(2.) Mr. Soni, learned counsel for the insurer submits that the learned Tribunal has erred in awarding compensation without appreciating the fact that the evidence led by the appellant to show negligence on the part of the driver of the insured vehicle was not reliable and therefore, could not be relied upon. He submits that once there was no independent witness to prove the negligence of the driver, the impugned award is liable to be set aside.

(3.) On the other hand, learned counsel for the claimant, by drawing my attention to the findings in the impugned award qua the negligence of the driver of the insured vehicle, submits that the said findings are correct. Furthermore, it was not even the case of the insurer that there was any contributory negligence on the part of the deceased and therefore, prays that the appeal of the insurer be rejected. He further submits that on the other hand, the claimant is entitled to seek enhancement of the compensation as the learned Tribunal failed to take into account the salary received by the deceased from his part time job.