NEW INDIA ASSURANCE CO LTD Vs. BALU BANJARA

JUDGEMENT

(1.) THIS order shall also govern the disposal of Misc. Appeal No. 1337/05 (New India Assurance Co. Ltd. Vs. Gopal s/o Kachru and others ). In both the appeals the award is one which is dated 2-2-2005 passed by the 7th M. A. C. Tribunal, Fast Track, Ujjain, whereby Claim Case No. 63/04 as also 62/04 were decided.

(2.) THE short facts of the case are that respondent No. 1 claimants gopal and Balu filed a claim petition alleging that on 13-7-2002 at about 2 p. m. they were going on a motor bike. At that time, JCB machine, which was owned by respondent No. 2, driven by respondent No. 3 and insured with the appellant was driven by respondent No. 3 negligently and rashly with the result the claimants sustained grievous injuries. It was alleged that since the JCB machine was insured with the appellant, therefore, respondent No. 1 is entitled for compensation from respondent Nos. 2 and 3 and also from the appellant. The claim petition was contested by the appellant on various grounds including the ground that the JCB machine is not a motor and was not insured by the appellant as motor under the provisions of the Motor Vehicles Act and it is not maintainable before the Claims Tribunal.

(3.) AFTER framing of issues and recording evidence, the learned Claims tribunal awarded Rs. 46,500/- in the claim case filed by Balu and Rs. 34,532/- in the claim case filed by Gopal and also held that since the offending JCB machine was insured with the appellant, therefore, the appellant is liable to pay the compensation, against which the present appeals have been filed. Cross-objections have been filed by the respondents for enhancement of the compensation.