VIMLA Vs. SHEIKH JABBAR

JUDGEMENT

(1.) This Miscellaneous Appeal is directed against the award passed by learned Additional Member, MACT, Indore in Claim Case no. 249/2005 dated 10/10/2006, by which, learned Tribunal awarded an amount of Rs. 3,17,000/- as amount of compensation to the present appellants and also exonerated the Insurance Company from the liability of the payment of the amount.

(2.) The relevant facts are that deceased Bhagchand Daswani was the husband of appellant no. 1 and son of appellant no. 2. On 07/06/2004, he was going in his personal car bearing registration no. MP-09-HD-2004, which was driven by driver Karim Bhai. When the car reached by-pass square ChalisgaonMalegaon Road, the offending vehicle Metadore 407 bearing registration no. MH-18-E-7476 which was driven by respondent no. 1 Sheikh Jabbar, dashed the vehicle against the car, in which, the deceased was travelling. In the accident, deceased Bhagchand sustained serious injuries on his head and other parts of the body and died on the spot. In the accident, one Ghanshyam Seth and driver Karim Bhai also died.

(3.) Aggrieved of the impugned order, present appeal is filed on the ground that both the offending vehicles, Metadore 407 and the car, in which the deceased was travelling, were insured by respondent no. 3 and therefore, he is liable for payment of compensation amount. Second ground is that the amount of compensation i.e. Rs. 3,17,000/- is also not awarded as per the principles laid down by Hon'ble Apex Court, therefore, enhancement of compensation is also prayed for.