KESARI BAI Vs. DHANNA

JUDGEMENT

(1.) The decision rendered in this appeal shall also govern disposal of other connected appeal being M.A. No. 154 of 2004 because both the appeals arise out of the same accident case and impugned common award.

(2.) This is an appeal filed by claimants under section 173 of Motor Vehicles Act against an award dated 3.9.2003, passed by learned Additional Member, Motor Accidents Claims Tribunal, Jhabua in Claim Case No. 2 of 1998. By impugned award, the Tribunal partly allowed the claim petition filed by the claimant by awarding a sum of Rs. 4,31,250 for the death of Pinju. However, the learned Tribunal exonerated the insurance company from the liability.

(3.) As observed supra, it is a death case. Pinju, aged around 20 to 25 years while travelling in Matador (MP 04-K 2159) on 5.4.1998 died along with others, giving rise to the filing of the claim petition by his legal representatives out of which this appeal arises seeking compensation for his death. The case was not contested by the owner and driver of Matador and they remained exparte since inception. Whereas, it was only contested by insurance company of Matador, i.e., the insurer of the vehicle. Claimants adduced evidence by examining 4 witnesses. The Tribunal by the impugned award, partly allowed the claim petition by awarding a total sum of Rs. 4,31,250. However, while awarding the compensation, the Tribunal exonerated the insurance company from the liability. It is against this award, the claimants are in appeal, contending that some more amount should have been awarded to the claimants than what has been awarded to the claimants by the Tribunal and secondly, insurance company should not have been exonerated from the liability.