NEW INDIA ASSURANCE CO. LTD. Vs. BHAGWANLAL

JUDGEMENT

(1.) This appeal by the insurance company under Sec. 173(1) of the Motor Vehicles Act is arising out of the award dtd. 16/6/2022 passed by Ist Member, MACT, Agar in Claim Case No.14/2017 mainly on the following two grounds: Firstly, the Tribunal has committed error of law in fastening the liability of payment of compensation on the insurance company for the reason that the vehicle was used for commercial purpose on a permit without having a fitness certificate issued by the transport authority. Secondly, the Tribunal has made the assessment of compensation on the higher side for the death of a person who was just 16 years of age.

(2.) Per contra, learned counsel for the respondents have supported the impugned award and pray for dismissal of the appeal.

(3.) Heard learned counsel for the parties and perused the record.