KANAI MANNA Vs. UNITED INDIA INSURANCE CO LTD

JUDGEMENT

(1.) INSTEAD of disposal of the application, we propose to hear out the appeal itself by treating it as on day's list.

(2.) THIS appeal is at the instance of a claimant and is directed against an award dated 16. 7. 2004, passed by the Addl. District Judge, Midnapore (West) and Motor accidents Claims Tribunal in M. A. C. Case no. 467 of 2001 thereby disposing of an application under section 163-A of Motor vehicles Act by directing the insurance companies to pay a sum of Rs. 1,38,000 to the claimant. In this case, two vehicles were involved and two different insurance companies were held to be jointly and severally liable for the amount.

(3.) BEING dissatisfied, the claimant has come up with the present appeal. At the very outset, both Mr. Pahari and Mr. Das, the learned advocates appearing on behalf of the two different insurance companies, respondents, fairly concede that their clients did not prefer any appeal against the award impugned nor have they filed any cross-objection and in fact, the award has been fully satisfied. Nevertheless, they contend that in this appeal as respondents, they are entitled to contend that there should not be enhancement of the awarded amount because the proceeding under section 163-A of the Act was not maintainable on the basis of admission of the appellant that the victim had monthly income of rs. 4,500.