SHRIRAM GENERAL INSURANCE CO. Vs. VIPAN DEVI

JUDGEMENT

(1.) Heard Sri Nishant Mehrotra, learned counsel for the appellant and perused the impugned award as also the papers filed alongwith memo of appeal and affidavit.

(2.) The appellant challenges the award dated 20.12.2012 passed by Motor Accident Claims Tribunal/District Judge, Kashiram Nagar in MACP No. 72 of 2010, Smt. Vipan Devi Vs. Ramrahees and another , whereby compensation of Rs. 5,48,000.00 together with interest @ 8 % per annum has been awarded to claimant respondents No. 1 to 4.

(3.) Learned counsel for the appellant placing statement of Bantoo P.W. 2 examined on behalf of the claimants, has vehemently argued that at the time of accident, the offending Tempo was carrying about 10-12 passengers i.e. more than sitting capacity of the vehicle and thus the insurer has committed breach of the terms of insurance.