ORIENTAL INSURANCE COMPANY LIMITED Vs. KALA BAI AUOLIYAWAT

JUDGEMENT

(1.) This appeal by the Insurance Company under Sec. 173(1) of the Motor Vehicles Act is arising out of the award dtd. 8/8/2023 passed by IInd MACT, Indore in Claim Case No.1608/2019 seeking exoneration from the liability to pay compensation/reduction in the compensation amount as awarded by the Tribunal.

(2.) Brief facts of the case are that on 22/4/2019 when deceased Dinesh was going to Lekar Chinar park with his friend Sourabh Jain on a motor cycle bearing registration no. MP-09-VP-0648 and when they reached Eicher bridge Mhow- Neemuch Road, the offending vehicle bearing registration no. MP09-CN-2719 which was driven rashly and negligently came and hit the motorcycle due to which Dinesh sustained grievous injuries and succumbed to death.

(3.) Before the Tribunal respondents filed their written statement and denied all the averments made in the claim petition. On the basis of the pleadings Tribunal framed issues and after taking evidence of the parties allowed the claim petition and awarded a sum of Rs.41,74,632.00 as compensation in favour of the claims and against the appellant/insurance company.