LAXMIBAI Vs. KANHAIYALAL

JUDGEMENT

(1.) THIS is an appeal filed by the claimants under Section 163 of the Motor Vehicle Act against an award dated 7.8.2002 passed by VIIIth Addl. Member, Motor Accident Claims Tribunal, Indore, in Claim Case No. 250/2000. By impugned award the learned Member of the Tribunal has awarded total sum of Rs. 2,16,000 for the death of one Omprakash who died on 1.1.2000 in vehicle accident. The short question that arises for consideration in this appeal is whether claimant i.e., appellant is entitled for more compensation than what has been awarded by the Tribunal and if so, to what extent?

(2.) HEARD Mr. M. Jain, learned Counsel for appellants and Mr. S.V. Dandwate learned Counsel for respondent No. 2.

(3.) IT is not in dispute that the claim petition was filed by the claimant under Section 163A of the Act. It being a well settled principle of law based on several judicial interpretations made by the Supreme Court and being consistently followed by the High Courts it is not necessary to plead and prove the issue of negligence of persons involved in the accident. In this view of the matter and keeping in view this settled principle it is difficult to entertain and allow the cross-objection filed by Insurance Company/respondent No. 2 and set aside the award passed against them. In other words in view of legal position emerging out of the case which is taken note of supra, this Court cannot possibly hold that no liability could have been fastened upon the Insurance Company arising out of the accident in question.