ORIENTAL INSURANCE CO. Vs. VISHWANATH

JUDGEMENT

(1.) THE appellant, Oriental Insurance Company (for short, 'the Insurance Company') has directed this appeal against the Award dated 10th January, 1992 passed by II Additional Motor Accident Claims Tribunal, Indore in Claim Case No. 49/87, thereby partly allowing the claim petition of respondents No. 1 and 2 and awarding compensation of Rs. 19,195/ - together with interest @ 12% p.a. from the date of filing of the application till realisation of the amount, in favour of the claimants.

(2.) THE facts lie in a narrow compass. On 8th January, 1984, at about 3.30 a.m., respondent No. 4, Bherusing was driving his truck bearing registration No. MBI 9086, from Chandrabhaga, Juni, Indore. As a result of rash and negligent driving, the truck dashed against portion of the house bearing MPL No. 113, situated in Chandrabhaga, Juni, Indore, owned by the complainant/respondents -No. 1 and 2 and caused damage to the said house. It is not in dispute that respondent No. 3, Jagdeesh, was the registered owner of the offending vehicle (truck) and the same was insured with the appellant, Insurance Company. The claim petition was filed before the Tribunal against the appellant, respondent No.

(3.) MR . N.C. Behl, learned Counsel for the appellant contended that the compensation awarded by the Tribunal is on higher side. The assessment of the compensation is not based on the evidence on record. The Counsel urged that the amount of compensation bemodified.The Counsel further contended that in view of statutory liability arising under Section 147 of the Act (Section 95 of the repealed Code). The appellant can be held liable for the compensation to the extent of Rs. 6,000/ - only. The Tribunal has committed the error in holding the appellant responsible for the payment of the amount of compensation alongwith respondents No. 3 and 4 jointly and severally.