NEW INDIAASSURANCE CO LTD Vs. VIRENDRA SINGH

JUDGEMENT

(1.) This is an appeal filed by the insurance company (NA-3) under section 173 of Motor Vehicles Act against an award dated 20.10.2000, passed by the learned Second Additional Member, Motor Accidents Claims Tribunal, Indore in Claim Case No. 378 of 1997.

(2.) In this appeal, the appellant, i.e., the insurance company has questioned the quantum of compensation awarded by the learned Member of Claims Tribunal to the claimant Virendra Singh, respondent No. 1, who expired pending this appeal and now represented by his legal representatives, the respondent Nos. 1 (i) to (iv) amounting to Rs. 7,47,630 for the injuries sustained by him in a motor accident that occurred on 28/5/1997.

(3.) So the only question that arises for consideration in this appeal is, whether Claims Tribunal was justified on facts in determining compensation amounting to Rs. 7,47,630 to an injured, i.e., Virendra Singh who met with a car accident that occurred on 28.5.1997. As observed supra, during pendency of this appeal injured died and hence, his legal representatives have been brought on record to represent the estate devolved upon them consequent upon the death of Virendra Singh. In this appeal, the appellant has not questioned any other findings such as issues regarding negligence and the liability of insurance company, etc., though decided against the appellant. Similarly, claimants have also not filed any cross-objections or appeal in claiming enhancement in the compensation awarded by the Tribunal. In these circumstances, it is not necessary to take note of all facts in detail. Moreover, the appellant being the insurance company, their right to oppose the claim and challenge the findings of Tribunal recorded against them in appeal is quite limited. Since in this case the Tribunal has granted permission to the insurance company as contemplated under section 170 of the Act to contest the claim on all grounds and hence, they are in appeal to challenge the quantum of compensation awarded by the Claims Tribunal.