ORIENTAL INSURANCE CO. Vs. SATYA DEVI

JUDGEMENT

(1.) THIS appeal has been preferred by the insurance company under section 173 of the Motor Vehicles Act, 1988 against the award of the Claims Tribunal, Durg dated 28.1.1988 whereby a total compensation in the sum of Rs. 4,95,240/ - has been awarded to the claimants (respondents Nos. 1 to 6) of deceased Rajaram who was aged 47 years on the date of accident i.e. 25.12.1990 and was engaged in the business of supply of building material.

(2.) SHRI Gulab Sohane, learned counsel appearing for the appellant -insurance company points out from the order -sheets of the Claims Tribunal that as the owner and rider of the other two wheeler motor vehicle (respondent nos. 7 and 8) were ex -parte and did not contest the case, the insurance company was granted opportunity under section 170 of the Act to take all defences on their behalf.

(3.) THE appellant -insurance company is insurer of the Luna belonging to respondent and which was being ridden by respondent No.7. The award of the Claims Tribunal is assailed in this appeal by counsel on behalf of the insurer of the Luna contending that the deceased who was riding the scooter was himself negligent in driving and in state of intoxication collided with the Luna. Learned counsel submits that counsel for the insurance company in the Tribunal sought permission to summon the FIR made to the police and the statements · of witnesses recorded by the police. That opportunity was denied by the Tribunal. It is contended that since there was negligence on the part of the deceased himself, and in any case, there was a contributory negligence on his part, the case should be remanded to afford fair opportunity to the insurance company to lead evidence on contributory negligence of the deceased as scooter rider.