UNITED INDIA INSURANCE CO LTD Vs. LEHNA SINGH

JUDGEMENT

(1.) Present revision petition under Article 227 of the Constitution of India has been filed by the Insurance Company challenging the award passed by the learned Motor Accident Claims Tribunal, Panipat whereby a sum of Rs. 2,57,000/- has been awarded as compensation to the claimant-respondents on account of death of Dharam Pal who was the son of respondent Nos. 1 and 2, husband of respondent No. 4 and father of respondent No. 3.

(2.) The petitioner has challenged such award on the ground that there is no eye-witness examined by the claimants to prove that the accident has occurred on account of negligence of bus driver. It was argued that in the absence of any evidence of negligence, the Tribunal was not right in law in awarding the compensation to the claimants. Learned Tribunal has, in fact, relied upon a report submitted by the police under Section 173 of the Code of Criminal Procedure apart from the evidence of the claimants regarding the income of the deceased.

(3.) It may be relevant to point out that the factum of accident is not disputed. There is no allegation that the three was any collusion between the claimant-respondents and the insured before the Tribunal. In the absence of any allegation of collusion it is not open to the Insurance Company to challenge the award of the Tribunal on the question of quantum of compensation and negligence. It has been held in Shankarayya and another v. United India Insurance Co. Ltd. and another, 1998 3 RCR(Civ) 238, that it is not open to the Insurance Company to challenge the award in appeal in view of the provisions of Section 149(2) and Section 170 of the Motor Vehicles Act, 1988 .