ORIENTAL INSURANCE COMPANYLTD Vs. KOMESHWAR SHAH

JUDGEMENT

(1.) ALL the four appeals have been filed by the Oriental Insurance Company and its officers challenging the judgment and award passed by the Motor Accident Claims Tribunal (hereinafter referred to as the Tribunal) allowing the claims under the Motor Vehicles Act (hereinafter referred to as the Act) with regard to motor vehicles accident. In all the appeals the challenge is to the quantum of compensation allowed by the Tribunals.

(2.) MISC. Appeal No. 286 of 1999 has been directed against the judgment dated 28th November, 1998 passed by the Tribunal Rohatas at Sasaram in Claim Case No. 122 of 1996 allowing the compensation of Rs. 1,54,000/- with interest at the rate of 12% from the date of filing the application till the realisation jointly by the owner and the appellant Insurance Company. The said claim case was filed by the father with regard to death of his son Dhanjay in a motor vehicle accident by motor vehicle No. BRC 6685 (Bus) on 16th October, 1995. It is asserted that the deceased died because of rash and negligent driving of the said bus. The owner appeared and filed a written statement but did not contest the matter. The appellant-Insurance Company contested the matter and, thereafter, the Tribunal allowed the compensation as stated above.

(3.) LEARNED Counsel appearing for the claimant-respondents raised a preliminary objection regarding the maintainability of the appeal. It was stated on their behalf that the appellant-Insurance Company can raise a defence only under Section 149(2) of the Act and cannot challenge the award and quantum of compensation on merit without fulfilling the conditions as prescribed under Section 170 of the Act.