NEW INDIA ASSURANCE CO LTD Vs. NISSA

JUDGEMENT

(1.) The short question that arises for consideration in this group of appeals is where an insured has not preferred an appeal under section 173 of Motor Vehicles Act (hereinafter referred to as 'the Act') against an award given by the Motor Accidents Claims Tribunal, is it open to the insurer to prefer an appeal against the award questioning the quantum of the compensation where in the policy of insurance the right to contest such award on merits has been reserved.

(2.) Learned M.A.C.T., Kargil adjudicated upon nine claim petitions filed under section 166 of the Act arising out of the same accident occurring on 29.1.2001 at Sher Ali Thang in Kaksar area of District Kargil. The vehicle involved in the accident was a State Road Transport Corporation passenger bus bearing No. JK 01-Y 0212 wherein some of the passengers had died. Learned Tribunal passed the awards by its judgment dated 16.12.2001 awarding various amounts of compensation against the S.R.T.C. and directed its payment by the insurance company in each claim petition. The owner of vehicle, S.R.T.C. has not filed any appeal against the award but the insurance company has come up in appeal.

(3.) The appellant insurance company has filed Civil Appeal Nos. 18, 19, 20, 21, 22 and 23 of 2002 challenging the giving of the awards by the learned Motor Accidents Claims Tribunal, Kargil in favour of the claimants against the owner S.R.T.C. by its judgment dated 16.12.2001 and whereby the compensation awarded has been directed to be paid by the appellant, on the grounds; that the quantum of compensation has not been properly assessed by applying suitable multiplier to the monthly income of the deceased not rightly assessed.