NEW INDIA ASSURANCE CO LTD Vs. DHAPUBAI

JUDGEMENT

(1.) Non-applicant/ appellant insurance company has filed this appeal for reducing compensation amount awarded to the respondents vide award dated 4.10.1996 passed by II Additional Member, Motor Accidents Claims Tribunal, Dhar, in Claim Case No. 31 of 1996.

(2.) The facts of the case, in brief, are that on 3.7.1993 when Anandband, husband of respondent No. 1 and father of respondent Nos. 2 and 3, was going to Nagada with milk cans on his cycle, he was dashed by truck No. DIG 4753 owned by respondent No. 2, driven by respondent No. 1 and insured with the appellant, near village Kalsada, and succumbed to his injuries. The claimants sought compensation of Rs. 13,05,000. The appellant, inter alia, pleaded that the respondent No. 1 had no valid driving licence on the date of accident. The accident occurred due to negligence of the deceased himself. The Tribunal after appreciation of evidence held that the accident occurred due to rash and negligent driving of the truck by respondent No, 1 Hardev Singh, driver, and awarded compensation of Rs. 2,93,000. The appellant insurance company has filed this appeal for reduction of compensation amount.

(3.) Mr. Swami, learned counsel for the appellant insurance company, submitted that the Tribunal committed grave error in awarding compensation of Rs. 2,93,000. He submitted that it is unreasonably on higher side, it should be reduced. On the other hand, Mr. Garg, learned counsel for the respondents-claimants, submitted that the appellant insurance company did not obtain permission from the Tribunal under section 170 of the Motor Vehicles Act for contesting the case on merits, therefore, it cannot challenge the compensation amount. He further argued that the compensation awarded by the Tribunal is not on higher side.