ORIENTAL INSURANCE CO LTD Vs. AMTHABHAI NATHABHAI CHENVA

JUDGEMENT

(1.) THE appellant herein- original opponent no. 3 ? Insurance Company has preferred the present appeal being aggrieved by the judgement and award dated 30.12.1996 passed by the Motor Accident Claims Tribunal (Aux.), Sabarkantha at Himmatnagar in Motor Accident Claims Petition No. 163 of 1993 whereby the Tribunal awarded Rs. 1,33,060/- as compensation to the original claimants.

(2.) THE original claimants who are the legal heirs of the deceased had filed claim petitions seeking compensation to the tune of Rs. 2 lakhs for the death of the wife of original claimant no. 1 and mother of the original claimants no. 2 & 3 in an accident which occurred on 20.01.1993 while she was travelling in a trolley. It is the say of the claimants that the original respondent no. 1 was driving the said tractor in such a rash and negligent manner that the wife of the original claimant no. 1 got thrown out of the trolley. She fell on the road and got crushed under the wheels of the trolley. THE Tribunal after hearing the parties passed the aforesaid award.

(3.) FROM a perusal of the materials on record, it is quite evident that the contention regarding coverage of third party risk was never raised before the Tribunal at the relevant time. It is for the first time that the said contention is raised before this Court. In that view of the matter, the said contention of the appellant insurance company cannot be accepted by this court. Apart from that it is also borne out that no officer of the insurance company is examined on this aspect. Therefore, in absence of any such contention before the Tribunal it cannot be said that the Tribunal has proceeded on a wrong footing and erroneously granted compensation. Hence there is no merit in this appeal and is accordingly dismissed.