NEW INDIA ASSURANCE CO. LTD. Vs. GODHAN

JUDGEMENT

(1.) This miscellaneous appeals have been filed by the New India Assurance Company Limited and the claimants being aggrieved of award dtd. 29/11/2017 passed by learned 1st Additional Member, Motor Accident Claims Tribunal, District Dindori in Claim Case No.270/2016.

(2.) Shri Dinesh Koshal, learned counsel for the Insurance Company submits that it is a case of false implication of the vehicle inasmuch as the accident took place on 23/7/2016. The first information report was lodged against an unknown vehicle and thereafter an insured vehilce was falsely implicated in this case. The Insurance Company examined driver of the offending vehicle, namely, Jaipal Singh, who clearly denies the factum of the accident. The report of the Investigating Officer is proved by the Officer of the Insurance Company and, therefore, there was no material on record to record a finding of involvement of Ertiga Car bearing registration No.MP52-CA-0624.

(3.) Shri Bhagwan Singh Thakur, learned counsel for the claimants, in his turn, submits that the Claims Tribunal has considered the income of the deceased at Rs.3,000.00 per month for an accident, which took place on 23/7/2016 whereas on the date of the accident, even minimum wages for an unskilled labourer were to the tune of Rs.6850.00 per month. The Claims Tribunal has not taken into consideration the future prospect and has awarded a meager compensation under other non-pecuniary heads, therefore, the claimants have filed M.A.No.1424/2018 seeking enhancement to the tune of Rs.1,50,000.00.