NATIONAL INSURANCE COMPANY LTD Vs. SHIVSHANKAR

JUDGEMENT

(1.) THE appellant-Insurance Company has filed this appeal Under Section 173 of Motor Vehicles Act against the award passed on 28.3.1997 in Claim Case No. 184/94 by the Member, Motor Accident Claims Tribunal, Barwaha.

(2.) THE submission of Mr. Dandwate, learned Counsel for the appellant is that the Insurance Company has filed this appeal on two grounds, (1) that in the criminal case the owner of the vehicle has admitted that the driver Dinesh who was driving the vehicle was not having the valid driving licence and the Tribunal has not considered this admission of the owner and has committed an illegality of not exonerating the Insurance Company, (2) that the Tribunal has also not considered the case of breach of condition of insurance policy, as the owner was using the vehicle for other than agricultural purposes.

(3.) AFTER considering and perusing the evidence on record, the finding recorded by the Tribunal appears to be legal and justified and I do not see any ground for interference. Accordingly this appeal filed on this ground alone has no merit and is dismissed. The respondents have filed cross-objections for enhancement of compensation. Considering the evidence available on record, the award passed by the Tribunal is just and proper. Tribunal has awarded a reasonable compensation to the respondents-claimants, looking to the injuries and medical evidence on record. P.W. 3 Dr. Poonaji Birley has stated in his examination-in-chief that there is disablement of any kind to the claimant. Therefore, in view of this medical evidence on record, I do not find any case for enhancement of compensation on cross-objections. Accordingly the cross-objections also having no merits and dismissed. Parties shall bear their own costs.