UNITED INDIA INSURANCE CO LTD Vs. RAMESH CHANDRA

JUDGEMENT

(1.) FEELING aggrieved by the award of the Motor Accidents Claims Tribunal, Shivpuri, casting a liability on the insurer, present appellant, for the payment of an amount of Rs. 62,000 towards compensation found payable along with interest at the rate of 12 per cent per annum from the date of the filing of the application under Section 166 of the Motor Vehicles Act till payment it has come up in appeal seeking redress praying for setting aside of the impugned award.

(2.) THE insurer appellant in this appeal has not only challenged the finding returned by the Tribunal on the question relating to the rash and negligent driving of the offending motor vehicle but also on the question relating to the quantum of compensation. The insurer has further asserted that in view of the violation of the terms and conditions subject to which insurance policy had been issued it was liable to be exonerated altogether from the liability.

(3.) THE injured-claimant who had filed the application under Section 166 of the Motor Vehicles Act claiming the award of compensation has filed a cross-objection on 29. 8. 1996 praying for the enhancement of the quantum of compensation from Rs. 62,000 to Rs. 4,00,000.