SUGANBAI Vs. MAHESH

JUDGEMENT

(1.) The claimants have filed the present appeal seeking enhancement of the compensation awarded by the learned 14 th Motor Accident Claims Tribunal, (Fast Track Court), Indore vide award dated 9.7.2012 passed in Claim Case No.152/2011.

(2.) Facts, in brief, are as under :

(3.) The claim case were filed before the Claims Tribunal at Indore. In all the claim cases, Insurance Co. of the Eicher Truck was impleaded as non-applicant. The owner and driver of the offending vehicle remained ex-parte and the appellant/Insurance Co. alone contested the claim cases by filing reply. Apart from the usual objections, the Insurance Co. took a plea that Eicher Truck has been falsely implicated in this case in order to fetch the claim from the Insurance Co. The FIR was lodged against the unknown vehicle and later on, after a period of two months, with the help of Police, the vehicle in question has been involved in the accident, therefore, the Insurance Co. is not liable to pay the compensation.