LOKAJIATH PANDA Vs. LAXMINARAYANA PRUSTY AND ANOTHER

JUDGEMENT

(1.) Award made by the Member, Second Motor Accidents Claims Tribunal, Southern Division, Berhampur, Ganjam (hereinafter referred to as the 'Tribunal') in M.A.C. Mo. 11 of 1990 (153 of 1989) is the subject-matter of challenge.

(2.) Facts leading to this appeal, in short, are as follows:

(3.) The claimant's grievances in this appeal are two fold. Firstly it is submitted that the amount awarded is very meagre, and secondly the insurer should have been made liable to indemnify the award. So far as the first aspect is concerned, I find that the Tribunal has referred to materials on record to come to a conclusion that an award of Rs. 2,500.00 would be proper. There is no material placed before me to take a different view in respect of the quantum. Coming to the second aspect, the learned counsel for the appellant submitted that the appellant was travelling along with his goods, and therefore, the insurer was liable to indemnify. This plea has no substance in view of Full Bench decision of this Court in New India Assurance Company Limited Vs. Kanchan Bawa; (1994) 77 CLT 104. There is no merit in this appeal which is accordingly dismissed. Appeal dismissed.