NEW INDIA INSURANCE CO Vs. KAILASH

JUDGEMENT

(1.) BEING aggrieved by the award dated 25/11/08 passed by Additional MACT, Ratlam in Claim Case No.116/08, whereby claim petition filed by respondent No.1 on account of injuries sustained in a motor accident was allowed and compensation of Rs.1,10,000/- was awarded alongwith interest, present appeal has been filed.

(2.) SHORT facts of the case are that the respondent No.1 filed a claim petition alleging that on 16/06/07 at about 9.30 PM respondent No.1 was driving the Dumper bearing registration No.MP/43-H/0236, which was owned by respondent No.3 and insured with respondent No.4. It was alleged that at that time a truck bearing registration No.RJ/09-GA/0931, which was being driven by one Ajju S/o Azij Khan was coming through opposite direction. It was alleged that the offending truck was owned by respondent No.2 and insured with appellant. It was alleged that because of rash and negligent driving of Ajju accident took place, in which appellant sustained grievous injuries. It was prayed that the claim petition be allowed and compensation be awarded. The claim petition was contested by the appellant as well as by rest of the respondents. After framing of issues and recording of evidence, learned Tribunal found that the accident occurred because of rash and negligent driving of offending truck and awarded a sum of Rs.1,10,000/- towards compensation, against which present appeal has been filed in which cross- objection has also been filed by the respondent No.1 wherein prayer is for enhancement of amount of compensation.

(3.) LEARNED counsel further submits that on all the heads amount awarded by the learned Tribunal is on lower side. It is submitted that the appeal filed by the appellant be dismissed and the cross-objection filed by respondent No.1 be allowed and amount of compensation be enhanced.