RAJESH Vs. MUNNIBAI CHOUDHARY

JUDGEMENT

(1.) The owner has preferred an appeal aggrieved by an award dated 5.4.2004 passed by the Additional Motor Accidents Claims Tribunal, Umaria in Claim Case No. 28 of 2003. The learned Claims Tribunal has awarded compensation of Rs. 1,87,000 on account of death of Bhola Das to the widow and children of the deceased who died in an accident dated 17.4.2003.

(2.) The factum of accident, question of negligence and quantum of compensation has not been assailed in this appeal by the learned counsel appearing on behalf of the appellant. However, he has assailed the compensation and submitted that insurer ought to have been saddled with the responsibility to make the payment of compensation.

(3.) Mr. R.K. Tiwari, the learned counsel appearing on behalf of the appellant has submitted that vehicle was insured. It was not clearly stated in the claim petition that fare was paid, at which place fare was paid has not come on the record. The Claims Tribunal has erred in law in relying on the statement of witnesses examined by the claimants. Thus, the insurer be saddled with the liability to make the payment of compensation.