MUNSINGH Vs. CHAGAN

JUDGEMENT

(1.) BEING aggrieved by the award dated 19.5.2007 passed by the M.A.C.T., Jhabua in Claim Case No. 24 of 2004, whereby claim petition filed by the appellant was allowed and compensation of Rs. 30,000 was awarded and respondent No. 3 was exonerated with a direction to pay and recover from respondent Nos. 1 and 2, present appeal has been filed.

(2.) SHORT facts of the case are that the appellant filed a claim petition alleging that on 28.4.2003 appellant was going in a Tempo (Minidor) bearing registration No. MP 45 -K 0043 which was owned by respondent No. 2, driven by respondent No. 1 rashly and negligently and insured with respondent No. 3. It was alleged that because of rash and negligent driving of respondent No. 1 the said Tempo met with an accident, with the result appellant and other occupants sustained grievous injuries. It was prayed that the claim petition be allowed and compensation be awarded. Along with appellant, 9 other injured persons also filed the claim petitions. The claim petition was contested by respondent No. 3 on various grounds, including on the ground that the offending vehicle was overloaded in violation of terms of policy, therefore, respondent No. 3 is not liable for payment of compensation. After framing of issues and recording of evidence learned Tribunal allowed the claim petitions filed by the appellant and other claimants and awarded compensation, but exonerated the respondent No. 3, however, directed that respondent No. 3 shall pay and recover the same from respondent Nos. 1 and 2, against which present appeal has been filed.

(3.) LEARNED counsel further submits that looking to the injuries sustained by the appellant amount awarded by the learned Tribunal is grossly inadequate as on number of heads no amount has been awarded and the amount awarded on all the heads is on lower side. It is submitted that the appeal filed by the appellant be allowed and compensation be enhanced accordingly.