NOOR BANU Vs. LATOOR

JUDGEMENT

(1.) This civil misc. appeal has been filed by the claimant against the award dated 4.8.1995 passed by the Motor Accident Claims Tribunal, Kotputli in Claim Case No. 178/92 by which award the Tribunal had awarded an amount of Rs. 2,00,000.00 as compensation to the claimants along with interest.

(2.) The claimants have come up for enhancement. The claimants are the legal representatives of Mohd. Azim who had died because of the accident on 8.5.1991, when tractor No. RND 8733, being driven by respondent No. 1 had hit him when he was standing near his Maruti Van No. DL 3C 1640. Initially the deceased had suffered injuries but later on died. The private respondent had not appeared and they were proceeded ex parte. Issues in regard to accident, negligence and compensation were framed. An award of Rs. 2,00,000.00 was passed to be recovered jointly and severally. It is the case of the appellant that the Tribunal had erred in awarding less the compensation and they were entitled to the higher compensation. Another grievance has been made to the effect that the insurance company could not be exonerated. At the time of the arguments, the argument in regard to enhancement has not been pressed, however, it was stated that the insurance company ought to have been held liable and for the reasons reliance is placed on Civil Misc. Appeal No. 726/99 New India Assurance Company Vs. Abdulla @ Patala decided on 5.12.2000 .

(3.) For the reasons that only the extent of liability on the parties are involved in the present case, there is no necessity to go into other aspects i.e. the negligence etc.