UNITED INDIA INSURANCE CO LTD Vs. BALBIR SINGH

JUDGEMENT

(1.) THIS appeal under section 170 of the Motor Vehicles Act, is against the award dated 4 -7 -1998 passed by the Judge, Motor Accidents Claim Tribunal, Jammu awarding Rs. 2,13,900/ - as compensation to the widow and two minor children of late Raju Masih, who died in a motor vehicle accident. The accident, according to the admitted facts, took place on 31 -12 -1996 when the deceased while riding his scooter, was knocked down by the offending vehicle No. JK02 E 5098 at Jammu.

(2.) THE challenge to the award is two fold (i) that the driver of the offending vehicle, respondent -1 was not holding a valid driving license at the time of accident; and (ii) that the amount awarded is far in excess of the dependency assessed by the tribunal.

(3.) BUT quantum of compensation cannot be challenged by the insurer except where it is arbitrary fixed in violation of the law laid down in U.P. State Road Transport Corpn. Vs. Trilok Chandra 1996 ACJ 831, which is not the case here.