NATIONAL INSURANCE CO LTD Vs. OMPRAKASH

JUDGEMENT

(1.) This appeal under section 173 of the Motor Vehicles Act, 1988 has been filed against the award dated 30.6.2009, passed by Motor Acci-dents Claims Tribunal, Sonkutch, Distt. Dewas, in Claim Case No. 108 of 2006.

(2.) The respondent No. 1 (claimant) was travelling in Maruti van bearing registration No. 41-D 0468 on 10.8.2005, when the van in question had turned turtle and the respondent No. 1 had received injuries in the accident. He had filed the claim petition before the Tribunal and the Tribunal found that at the time of accident the respondent No. 1 was earning Rs. 3,000 per month.

(3.) Learned counsel appearing for the appellant insurance company submitted that the Tribunal has committed an error in fixing the liability on insurance company, ignoring that the appeilant was travelling in the vehicle as a fare paying passenger and further that the amount which has been awarded by the Tribunal is on the higher side.