UNITED INDIA INSURANCE CO. LTD. Vs. ARTI

JUDGEMENT

(1.) These appeals originate out of common award passed in Claim Case No. 42 of 2012, an injury case filed by Dhaniram Kushwah, and Claim Case No. 43 of 2012 filed by legal heirs of deceased Rakesh respectively by the insurance company as well as the claimants in Claim Case No. 43 of 2012, challenging the award dated 21.12.2012 passed by the 5th Additional Motor Accidents Claims Tribunal, Gwalior.

(2.) As far as appeals, MA Nos. 354 and 355 of 2013, are concerned, plea taken by learned counsel for the appellant insurance company is to the effect that there is false implication of the offending vehicle. It is submitted that accident had taken place on 15.2.2012, F.I.R. was lodged against an unknown vehicle and surprisingly on 2.5.2012 offending vehicle bearing registration No. MP 07-CA 2181 was surrendered before the police and, therefore, its implication appears to be false and, therefore, insurance company should have been exonerated.

(3.) In appeal, MA No. 379 of 2013, claimants have sought enhancement on the ground of not taking into consideration minimum wages on the date of accident, non-award of future prospects and applying an incorrect factor of deduction.