UNITED INDIA INSURANCE CO LTD Vs. ARJUNLAL

JUDGEMENT

(1.) THIS appeal has been filed against the award passed by the Motor Accidents Claims Tribunal, Jodhpur, dated January 12, 1990 by which a sum of Rs. 48,000/ - has been awarded as compensation to the petitioner -respondent Nos. 1 and 2. The facts of the case giving rise to this appeal may be summarised thus.

(2.) ON May 30, 1986 at about 6.15 p.m., Chandra Prakash, 9 years old, was going along with his mother on the Bhagat Ki Kothi Road, Jodhpur. From the opposite direction, truck No. RJC 2283 came with an excessive speed and dashed against Chandra Prakash. As a result thereof, he died on the spot. His parents filed an application under Section 110 -A, Motor Vehicles Act, 1939 (hereinafter to be called 'the Act'). The Tribunal awarded Rs. 15,000/ - to the petitioners under Section 92 -A of the Act. After holding necessary enquiry, the said award was given by the Tribunal.

(3.) A preliminary objection has been taken by the learned counsel for the respondent Nos. 1 and 2 that in view of the provisions of Section 96 (2) of the Act the insurance company cannot challenge the award on merits and as such the appeal is not maintainable. He relied upon Sushila v. Succha Singh 1989 ACJ 226 (Rajasthan) Oriental Fire and Genl. Ins. Co. Ltd v. Rambha Barrick 1989 ACJ 972 (Calcutta) and National Insurance Co. Ltd. v. Tulsi Devi 1988 ACJ 962 (Rajasthan).