CHANDA Vs. KADIR AHEMAD ALIAS CHOTU

JUDGEMENT

(1.) The claimants are in appeal against the award dated 03.03.2008 passed by the VIIth M.A.C.T, Indore in M.V Claim Case No. 111/2007. By the impugned award, Claims Tribunal has awarded a total sum of Rs. 7,40,000/- together with interest at the rate of 6% per annum from the date of the claim petition.

(2.) Appellants feel that the amount awarded by the Claims Tribunal is on the lower side, therefore, this appeal for enhancement. The Oriental Insurance Company has filed a cross objection to contend that the appeal should not only be dismissed but the amount awarded by the Claims Tribunal is on the higher side and, therefore, it should be reduced so as to make it just and proper amount of compensation.

(3.) Facts leading to appeal and cross objection, as aforesaid, in brief are as under. On 04.05.2007 one Nirmal Kumar Dosi while going in his car met with an accident because of which he died on the spot. The accident was caused by a truck which was being driven by respondent No. 1 Kadir Ahemad and belonged to respondent No. 2 Rais Mobin Khan. It was insured with the Oriental Insurance Company, respondent No. 3. The car of the deceased was insured with respondent No. 5, Bajaj Alliance General Insurance Co. Ltd. The Tribunal found that the liability to pay compensation rests only on respondents No. 1 to 3 and exonerated respondent No. 5, Bajaj Alliance General Insurance Co. Ltd. That finding of the Tribunal is not under challenge before me and, therefore, it is not necessary for me to dilate on this point any further.