ORIENTAL INSURANCE COMPANY Vs. SHEELA CHOUDHARY

JUDGEMENT

(1.) THE appellant is aggrieved with the Judgment dated 16.06.2008 and Award dated 18.06.2008 passed by Additional District Judge, F.T.C.-IV cum Motor Accident Claims Tribunal passed in Claim Case No. 50 of 2002 by which the appellant has been directed to pay Rs. 8,35, 883/- with interest @ nine per cent per annum on Rs. 5, 75,000/- to the Respondent Nos. 1 and 2.

(2.) LEARNED counsel for the appellant submits that the judgment and award are bad on two grounds firstly that the compensation granted to the Respondent Nos. 1 and 2 are excessive and the second is that there was no effort by the Tribunal to enquire into the matter as to whether the deceased had himself contributed to the accident. On going through the records of the case, I find that right from the beginning it was made out that while the deceased was driving on the motor-cycle on the left side the truck suddenly came and hit him on account of which he fell down on the road side and truck crushed him and sped away. It also transpires that nowhere in the written statement filed by the appellant had such a plea been taken by the Insurance Company or that the Insurance Company with which earlier the motor-cycle or the motor-cyclist also be added as an Opposite Party.