NATIONAL INSURANCE CO. LTD. Vs. SARASWATI

JUDGEMENT

(1.) This appeal under Section 173 of the Motor Vehicles Act is at the instance of the appellant/insurance company challenging the award dated 10/4/2017 passed by MACT Indore in Claim Case No.599/2016. Respondents no. 1 to 3 (claimants) have filed the cross-objection seeking enhancement of compensation amount.

(2.) The respondents no. 1 to 3 (claimants) had filed the claim petition before the tribunal with the plea that on 17/4/2016, Dharamdas was going in his Activa MP-09-LC-8863 carefully when the accident was caused by truck MP-09-KD-8052 driven in rash and negligent manner by respondent no. 5 owned by respondent no. 4 and insured with appellant in which Dharamdas had received grievous injuries and had died on the way to the hospital. Hence compensation of Rs. 55 lakhs was claimed.

(3.) Respondents no. 4 and 5 remained ex parte before the tribunal.