MAJ SHALINDRA KUMAR PATHAK Vs. UNITED INSURANCE COMPANY

JUDGEMENT

(1.) This is an appeal filed under Section 173 of the M.V. Act, 1988 against the judgment and order dated 30.10.1991 passed in the Motor Accident Claims case No. 28 of 1989. The main ground of challenge is the awarding of very low sum by way of compensation for the injuries suffered by the claimants.

(2.) The facts of the case, in short, are as follows : The claimant and his wife were Tiding the scooter No. MLK 5830 via Hopkinson Road to Laitumkhrah, Shillong on 10.3.89 and the same was knocked down by local taxi No. MLK 3373 coming from opp. direction. Both the claimants suffered injuries and the scooter was damaged. The claimants claimed a sum of Rs. 5.30 lakhs for the injuries suffered. The learned tribunal only awarded a sum of Rs. 45,000/- as compensation on account of injury suffered by the. claimant No. 1 and a sum of Rs. 25,000/- to the claimant No. 2. No award was made on account of damage suffered by the scooter. However, the Tribunal on consideration of understanding relating to the plea of limited liability only allowed a total of Rs, 50,000/- by way of compensation to both the claimants.

(3.) I have gone through the judgment and order dated 30.10.91 and have carefully considered the discussions on issues and evidence and I find that the Insurance Company have not chalenged the finding of the Tribunal nor has it filed any appeal before this Court. The Insurance Company has accepted the finding of negligence of the taxi driver and has accepted the finding that the taxi which came from opposite direction was rashly driven with a high speed and caused the accident. They have accepted the finding that the accident was due to negligence of the driver of taxi MLK 3373.