DEEPAK Vs. HEMENDRA

JUDGEMENT

(1.) This appeal under Section 173 of the Motor Vehicles Act is at the instance of the claimants challenging the award dated 30.03.2019 passed by MACT, Badwani in Claims Case No.58/2018 seeking enhancement of the compensation amount awarded by the tribunal.

(2.) The appellants/claimants had filed the claim petition before the tribunal with the plea that on 18.02.2018, the deceased Himanshu alongwith Akhilesh Bhawsar was going in the motorcycle as pillion rider, when the accident was caused by the truck No. GJ-1-CV/7093 driven in rash and negligent manner by respondent no.1 in which Himanshu had received grievous injuries and had died on the spot. Accordingly, the compensation of Rs.20,00,000/- was claimed.

(3.) Respondents no.1 and 2 by filing the reply had denied the liability and raised the plea that the vehicle was duly insured with respondent no.3-Insurance Company. The respondent no.3/Insurance Company had also filed the reply by taking a plea of violation of the policy condition.