LABHOO Vs. YAKUB

JUDGEMENT

(1.) BEING aggrieved by the award dated 24.12.2011 passed by the M.A.C.T., Jhabua in Claim Case No. 111 of 2010 whereby claim petition, filed by the appellant for compensation on account of injuries sustained by the appellant in a motor accident occurred on 15.5.2009, was allowed and compensation of Rs. 1,53,000 was awarded and respondent No. 3 was not exonerated, present appeal has been filed.

(2.) LEARNED counsel for the appellant submits that learned Tribunal awarded the compensation of Rs. 1,53,000, the breakup of which is as under: <FRM>JUDGEMENT_2636_ACJ_2013.htm</FRM>

(3.) LEARNED counsel for respondent No. 3 submits that looking to the injuries sustained by the appellant the amount awarded by the learned Tribunal is just and proper and no case for further enhancement can be made. Learned counsel submits that the learned Tribunal committed error in holding respondent No. 3 liable for payment of compensation as the vehicle was being used in violation of terms of policy which is proved by the evidence available on record. It is submitted that appeal be dismissed and the cross -objections filed by the respondent No. 3 be allowed and the findings relating to liability of respondent No. 3 be set aside,