BRANCH MANAGER Vs. KESHAV 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.69/08 by III Motor Accident Claims Tribunal (Fast Tract) Sidhi (MP) whereby compensation of Rs.2,74,000/- has been awarded to the respondents no. 1 to 3 / claimants for the death of their mother Smt. Sukharjua. The respondents / claimants have 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. 3 / claimant Gulab Prasad Saket along with his mother Smt. Sukharjua was traveling in a jeep bearing registration No. MP 19A-7783 which was owned by respondent no. 4 and driven by respondent no. 5. The said jeep was met with an accident near village Loua, in which, Smt. Sukharjua died and Gulab Prasad Saket sustained injuries resulting 30% permanent disability. The deceased was aged 43 years at the time of accident and earning Rs.2250/- per month from doing labour work and the respondents / claimants were dependent upon her. Learned tribunal has awarded Rs.2,74,000/- as compensation to be paid jointly and severally by the insurance company. The insurance company raised objections that the vehicle was not insured for traveling passengers. It was insured for 3rd party risk only. 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.

(3.) The respondents / claimants in their cross objection has claimed Rs.2 lacs as compensation on the ground that the learned tribunal has granted lesser amount as compensation. There was specific evidence available on record to show that the deceased was earning Rs.3000/- per month.