NEW INDIA ASSURANCE COMPANY Vs. SHAKUR ALI

JUDGEMENT

(1.) THIS appeal is directed by the non-applicant Insurance Company against the award dated 6.5.1996 passed by II Additional M.A.C.T., Mandsaur in Claim Case No. 79/94 whereby compensation of Rs. 65,000/- with interest @ 12% per annum was awarded to the respondents for the death of Mumtajbi, wife of respondent No. 1 and mother of the respondent Nos. 2 and 3. Respondent Nos. 1 to 3 also filed cross-objections for enhancement of compensation amount.

(2.) IN our opinion, the appellant Insurance Co. cannot challenge the award amount. It can only challenge the award on the grounds mentioned in Section 149(2) of the M.V. Act. The appellant did not obtain permission of the Tribunal under Section 170 of the M.V. Act. Therefore, the appellant cannot raise any plea beyond what is permissible under Section 149(2) of the Act. There is also no evidence that there was collusion between insured and the claimants. Therefore, this appeal deserves to be dismissed.

(3.) MR . Swami, learned Counsel for the Insurance Company contended that the amount is more than sufficient.