AMBALAL MAGANLAL HALANI Vs. MUSTAFFA NAZARMIYA SAIYAD

JUDGEMENT

(1.) THE claimant, being aggrieved by the award dated 13th December, 1982 passed by the learned Member, Motor Accident Claims Tribunal (Main), Rajkot in Claim Case No.7 of 1982, is before this Court seeking enhancement in the amount of compensation.

(2.) AS the driver -owner of the vehicle and the Insurance Company have not filed any cross appeal or cross objections, it is not necessary for this Court to refer to the facts in detail; the Court shall confine itself to the question of quantum, so also to the question that whether the Insurance Company was rightly exonerated or should have been held liable.

(3.) REFERRING to certain judgments of this Court, Shri Premal S. Raj, learned Counsel for the appellant, submitted that burden was upon the Insurance Company to prove that the vehicle though was a goods vehicle but there was no permit to carry the passengers. According to him, the Insurance Company did not discharge the burden and therefore, the Tribunal below could not exonerate the Insurance Company.