BRANCH MANAGER Vs. GULAB PRASAD SAKET AND OTHERS

JUDGEMENT

(1.) Appellant has filed this appeal under section 173 (1) of the Motor Vehicle Act, 1988, against the award dated 13/10/2011 passed in Claim Case No.70/08 by III Motor Accident Claims Tribunal (Fast Tract) Sidhi (MP) whereby compensation of Rs.2,44,800/- has been awarded to the respondent no. 1 / claimant Gulab Prasad Saket for the injuries sustained by him. The respondent no. 1 / claimant has also filed cross objection under Order 41 Rule 22 of the Code of Civil Procedure for enhancement of award amount by Rs.2 lacs and award the interest @12% per annum from the date of the application.

(2.) Brief facts of the case are that on 08.01.2007 the respondent no. 1 / claimant was traveling in a jeep bearing registration No. MP 19A- 7783 which was owned by respondent no. 2 and driven by respondent no. 3. The said jeep was met with an accident near village Loua, due to which, the claimant sustained injuries resulting 30% permanent disability. The claimant was aged 21 years at the time of accident and earning Rs.4200/- per month from doing labour work as Mason. Learned tribunal has awarded Rs.2,44,800/- as compensation to be paid jointly and severally by the insurance company. Being aggrieved by the impugned award, the appellant / Insurance Company has filed this appeal on the ground that the insurance policy only covers 3rd party risk and there was no comprehensive package or standard motor package policy and thus, occupant in a private car is not covered. The respondent no. 1 / claimant in his cross objection has claimed Rs.2 lacs as compensation on the ground that the learned tribunal has granted lesser amount as compensation.

(3.) Learned counsel for the appellant / Insurance company has drawn attention towards insurance policy and also drawn attention towards the observations made by learned Tribunal in paragraphs 14 and 15 of its award. According to policy, the vehicle was insured for 3rd party risk for which Rs.100/- was paid as premium but the learned tribunal has held that there was no breach of policy conditions and vehicle was insured for 3rd party risk for which Rs.100/- was received as premium.