SOHAN BAI Vs. RADHEY SHYAM

JUDGEMENT

(1.) THIS is an appeal filed by claimants under section 173 of Motor vehicles Act (hereinafter referred to as 'the act') against an award dated 28. 10. 2003, passed by learned Fourth Motor Accidents claims Tribunal, Indore in Claim Case no. 75 of 2001. By impugned award, the claims Tribunal has partly allowed the claim petition of claimants and awarded a total sum of Rs. 1,37,000 to the claimants for the death of one Kalu Ram. However, while passing the award in favour of the claimants, the Tribunal exonerated the two insurance companies (non-applicant Nos. 3 and 4) from the liability who were insurer of two vehicles involved in the accident. It is against this award, the claimant has filed this appeal. So, two questions arise for consideration in this appeal. First, whether Claims Tribunal was justified in exonerating both the insurance companies from the liability? And second, whether tribunal was justified in awarding a sum of Rs. 1,37,000 to the claimants and if not, whether any case is made out for enhancement? Facts in brief are these: on 1. 2. 2000, Kalu Ram, aged around 43 years, was sitting in the tanker bearing No. MP 09-KB 1190, when this tanker dashed against another truck coming from opposite direction bearing No. MP 14-G 3161. So far as tanker was concerned, it was insured with non-applicant No. 3 whereas the offending truck was owned by non-applicant No. 1, driven by non-applicant no. 2 and insured with non-applicant No. 4. Due to this dash, Kalu Ram who was sitting in tanker died on the spot giving rise to filing of claim petition by his legal representatives out of which this appeal arises claiming compensation for his death under the provisions of the Act. The non-applicants contested the case of the claimants and denied their liability arising out of the accident. Parties adduced evidence. As observed supra, the Tribunal partly allowed the claim petition. It is against this award, the claimants have filed this appeal.

(2.) HEARD Mr. Sameer Verma and Mrs. Archana Kher, learned counsel for the appellants, Mr. Milind Phadke, learned counsel for respondent No. 3 and Mr. S. V. Dandwate, learned counsel for respondent no. 4.

(3.) HAVING heard learned counsel for the parties and having perused record of the case, we are inclined to allow the appeal in part and in consequence, modify the impugned award in favour of claimants to the extent indicated infra.