SAIYAD LIYAKAT ALI Vs. DIPAK

JUDGEMENT

(1.) Both these appeals arise out of judgment and award passed by the Motor Accident Claims Tribunal, Amravati in Claim Petition No. 134 of 1992 on 15th December. 1995. The Tribunal while partly allowing the claim petition, has exonerated the insurer viz. Oriental Fire and General Insurance Co. Ltd.. Owner of the vehicle Sayyad Liyakat Ali has filed First Appeal No. 180 of 1996 challenging part of the Award exonerating the Insurance Company while original claimants have filed First Appeal No.336 of 1996 assailing similar exoneration and in addition, for enhancement of compensation.

(2.) Learned Tribunal held that truck bearing No.MTV-2387, an offending vehicle was not insured at all since the papers produced before the Tribunal were pertaining to truck bearing No.MRV-2387. However, during the pendency of appeals. Development Officer of the Insurance Company has filed affidavit on 10-3-1996 that the vehicle insured by him was bearing No.MTV-2387, but due to inadvertence, the registration number of the offending vehicle was mentioned as MRV-2387. It is also clarified in the affidavit that the offending vehicle was duly insured as on the date of accident in question. It is, therefore, clear that the Insurance Company was wrongly exonerated. That part of the order of the Tribunal exonerating the Insurance Company is hereby set aside.

(3.) As regards the compensation, the Tribunal has awarded Rs. 1,59,000/- to claimants together with interest at the rate of 12% per annum from the date of petition till realisation. Learned Counsel for claimants contended that the Tribunal has not taken into consideration monthly income of the deceased which was Rs.2,100/- per month by way of salary and salary slip was duly proved on record at Exhibit 37. He further contended that the learned Tribunal committed error in computing "just and reasonable" compensation.