UNITED INDIA INSURANCE CO. LTD. Vs. BASHIR AHEMAD

JUDGEMENT

(1.) Insurance Company is hereby taking exception to judgment and order dtd. 13/8/2015 passed by learned Member, Motor Accident Claims Tribunal, Aurangabad in M.A.C.P. No. 716 of 2012 awarding compensation to the claimants by partly allowing the claim and directing original respondent nos.1 and 2 to jointly and severally pay Rs.12,42,300.00 along with interest at the rate of 9% per annum.

(2.) Learned counsel for Insurance Company pointed out that, above numbered claim petition was set up by respondent Nos.1 to 4, who were heirs of deceased Shaikh Asif Ahemad on account of his demise in road traffic accident dtd. 15/7/2012. It is pointed out that, above claim was resisted by Insurance Company, who was arraigned as respondent no.1 in original claim petition by setting up case of breach of policy and secondly, learned Tribunal has not deducted amount towards personal expenses. Therefore, according to him, there is infirmity in the judgment and order of Tribunal and hence, he urges for allowing the appeal to such extent.

(3.) Per contra, learned counsel for claimants fairly submitted that, if the court is inclined to allow the appeal, then order of pay and recovery be passed and appeal to that extent be allowed by modifying judgment and order of Tribunal.