PARVATI BAI Vs. TUFAN SINGH

JUDGEMENT

(1.) THIS is a miscellaneous appeal filed by claimant under section 173 of Motor Vehicles Act against an award dated 9.12.2000 passed by Fourth Additional M.A.C.T., Mandsaur in M.A.C.C. No. 39 of 2000.

(2.) BY impugned award, the claimant's application was partly allowed and a sum of Rs. 50,000 was awarded to the claimant for the death of one Narayan, who died in a vehicular accident. However, while passing the award, Claims Tribunal exonerated the insurance company (insurer) from the liability and accordingly award was passed only against the insured, i.e., owner of the offending vehicle and driver of the offending vehicle.

(3.) HAVING heard the learned counsel for the parties and on perusal of the record of the entire case including evidence adduced by the parties, I am inclined to answer both the questions formulated above in favour of the claimant (appellant herein). In other words, in my opinion, the appellant is entitled for enhancement in the compensation awarded by the Tribunal and secondly, insurance company is liable to pay compensation awarded by the Tribunal and now enhanced by this court.