SANTOSHBAI Vs. SATISH KUMAR

JUDGEMENT

(1.) M.A. No. 1226 of 2008 has been filed by the insurance company under section 173 of the Motor Vehicles Act, 1988 against the award dated 18.2.2008 passed by Additional Member, M.A.C.T., Indore in Claim Case No. 14 of 2007, whereby a total sum of Rs. 2,39,000 along with interest has been awarded to the claimants holding that the owner and insurance company are liable jointly and severally for paying the compensation.

(2.) M.A. No. 1745 of 2008 has been filed by the claimants seeking enhancement of compensation against the same award as the compensation is inadequate and unreasonable.

(3.) Before the Claims Tribunal the plea raised by the insurance company was that the offending vehicle Tempo bearing registration No. UP 75-A 3615 was plying at the relevant point of time in violation of terms and conditions of insurance policy, therefore, insurance company is not liable to pay the compensation as it was running on the road contrary to the terms of permit. It is contended that the finding recorded by the Claims Tribunal regarding involvement of said vehicle is incorrect, in fact the incident had taken place on 18.1.2007. The injured was admitted to the hospital and after 4 days he succumbed to the injuries. The said vehicle was found involved on the basis of statement of one eyewitness Kalu Ram, who deposed before the investigating agency after about one and a half months regarding involvement of the vehicle. It is also contended that the deceased was resident of 1/4 Pardeshipura, Indore, while the owner of Tempo was resident of 5/9, Pardeshipura, Indore. Claimants are presently residing in Bagli, Distt. Dewas, and the deceased was residing at Indore doing his business and earning a lot, prayer is made to grant the compensation on account of death of deceased to the claimants.