NATIONAL INSURANCE CO. LTD. Vs. MADHULATA MARAPE

JUDGEMENT

(1.) This miscellaneous appeal has been filed by the appellants being Insurer, driver and truck owner respectively against the award dated 18.10.2008 passed in Accident Claim Case No.119/06 by the Third Additional Motor Accidents Claims Tribunal, Seoni whereby while allowing the claim petition filed by respondent No.1 to 5 award of Rs.6,24,572/- has been awarded.

(2.) In brief the facts of the case are that an application for compensation has been filed by the respondents/ claimants in respect of death of one Shyamrao Marape, who died in an accident which took place on 12.05.2005 by truck No. M.H.-31- A.P./5935 at National Highway No.7, Seoni-Nagpur Road at gram Suktara, Police Station Kurai, District Seoni when his Bajaj M-80 moped was ran over by the said truck. The aforesaid claim was assailed by the respondents on the ground that the truck in question was not at all involved in the said accident as on the same date it was at India Nepal Border at Badni in U.P.

(3.) Learned counsel has submitted that the learned Member of the Claims Tribunal has erred in not appreciating the evidence in its proper perspective despite there being positive evidence on record regarding the presence of the aforesaid truck at India Nepal Border at Badni in U.P.