RADHESHYAM Vs. DHANSINGH

JUDGEMENT

(1.) Heard finally with consent.

(2.) This appeal under Section 173 of the Motor Vehicles Act is at the instance of the claimant challenging the award dated 28.7.2007 passed by the Motor Accident Claims Tribunal, Mandsaur rejecting the Claim Case No.77/2006 on the ground that the appellant had received the amount from the insurance company as full and final satisfaction of the claim.

(3.) In brief, the appellant had filed the claim petition before the Tribunal stating that on 31.1.2005 when the appellant was travelling in his Maruti Zen No. MP09-HA-9423 from Malhargarh to Mandsaur, the accident was caused by the Truck Turbo No. MP14-JA-0058 coming in rash and negligent manner from the opposite direction, in which the car of the appellant was completely damaged and in the claim petition the appellant had claimed the compensation of Rs.4 Lacs. The claim was opposed by the insurance company taking the plea that the full and final payment of the compensation amount was already made to the appellant on the basis of the surveyor's report, therefore, the claim petition is not maintainable.