UNITED INDIA INSURANCE COMPANY LIMITED Vs. RAMDAS PATIL

JUDGEMENT

(1.) This appeal is by the Insurance Company against the award dated 5-3-1999 of the Claims Tribunal, Durg, awarding a sum of Rs. 4,42,000/- with 12% interest, as compensation for the death of Sanjay Patil who was found to be 28 years of age on the date of motor accident which took place on 19-5-1996.

(2.) On the question of maintainability of the appeal by the Insurance Company on the grounds of quantum and alleged contributory negligence of the other vehicle which collided with the vehicle in which the deceased was travelling, learned counsel sought permission of this Court to address the Court generally on the question as to under what circumstances the Insurance Company can be allowed to appeal against the award of the Claims Tribunal. Since the question of maintainability of the appeal arose in number of other cases filed by the Insurance Company, such as; M.A. 1143/99, 520/99, 1139/99, 363/97, 913/98 and M.A. 1195/95, this Court allowed all the counsel appearing for the Insurance Companies in all the above mentioned cases to address this Court in the question of maintainability of the appeal by the insurer alone. We are thankful that on our request Shri Alok Aradhe, Shri Sanjay K. Agarwal, and Shri Kishore Shrivastava, Advocates addressed this Court on the legal question, as amicus curiae.

(3.) On behalf of the counsel appearing in different cases for the Insurance Company, the contentions mainly advanced are that the insurer should not be denied opportunity of appeal in cases where the compensation awarded by the Claims Tribunal is shockingly excessive and disproportionate to the age and income of the deceased or injured person. It is submitted that there are larger number of instances in claim cases where the claimants and insured join hands in the course of proceedings to obtain exorbitant awards against the Insurance Company and in such cases fraud or collusion are discovered only after passing of the award.