ASHADEVI Vs. NEW INDIA ASSURANCE COMPANY LTD.

JUDGEMENT

(1.) Heard Mr. S. N. Kumar, learned Counsel for the Appellants and Ms. S. H. Bhatia, learned Counsel for the Respondent No.1/Insurance Company. None appeared for the Respondent Nos.2 to 6. Respondent No.5 is deleted.

(2.) Being aggrieved by the Judgment and Award dtd. 7/4/2008 passed by the Motor Accident Claims Tribunal, Nagpur in Claim Petition No. 546/1998 to the extent of not awarding compensation as per the claim made by the Appellants, present Appeal came to be filed for enhancement of compensation at the instance of Appellants.

(3.) It is pertinent to note that the Appellants have established that the deceased was expired in the road accident and they are entitled for compensation. So also the offending vehicle was duly insured, and accordingly, the Respondents are responsible to pay the compensation. Accordingly, the Respondents have neither filed Cross Objection nor challenged the Judgment of the Tribunal independently in the matter. As such, the only issue involved in the present Appeal is as to whether the learned Tribunal has awarded just and fair compensation to the Appellant or not.