ORIENTAL INSURANCE CO LTD Vs. NARAYANI MODI

JUDGEMENT

(1.) The present appeal is preferred against the award dated 23.1.2006 passed by the Eighth Motor Accidents Claims Tribunal, Jabalpur (in short, 'the Tribunal') in M.V.C. No. 705 of 2005 by the insurer, Oriental Insurance Co. Ltd. Be it placed on record, a cross-objection has been filed by the claimants, the legal representatives of the deceased late Ram Gopal Modi.

(2.) The facts which are requisite to be stated are that on 28.3.2005, the deceased Ram Gopal was returning to his house after getting the shaving done in a barber shop at Damoh Naka Road. At that juncture, a minibus bearing registration No. MP 20-E 9528 being rashly and negligently driven by the concerned driver dashed against the scooter. He was taken to National Hospital, Jabalpur but after sometime he breathed his last. The wife and other legal representatives initiated an action under section 166 of the Motor Vehicles Act putting forth a claim of Rs. 11,00,000 on the foundation that the deceased was a transporter and his monthly income was Rs. 8,000. It is worth mentioning here that claim petition incorporated claims on two heads, namely, loss of consortium and amount spent on treatment and others. On the first head, Rs. 5,00,000 were claimed and for the second head a sum of Rs. 7,00,000 was claimed.

(3.) The claim put forth by the claimants was contested by the owner and the driver of the vehicle disputing the accident as well as the claim put forth by the claimants. A stand was taken that accident had not taken place due to rash and negligent driving of the driver. Alternatively, it was set forth that the vehicle was insured with Oriental Insurance Co. Ltd. and in case if there is any liability, it is to be saddled on the insurer.