KALU LAL Vs. BIRDILAL GODHAR

JUDGEMENT

(1.) The decision rendered in this appeal shall govern disposal of other connected appeal being CMA No. 206/2002 because both appeals arise out of one award and one claim case. This is a misc. appeal filed by injured claimant under Section 173 of the Motor Vehicles Act against an award dated 27th August, 2001 passed by Motor Accident Claims Tribunal, Kota in Claim Case No. 1259/98 (376/95).

(2.) By impugned award the Tribunal partly allowed the claim petition and while awarding a total compensation of Rs. 5,03,965/-, to the claimant for the injuries sustained exonerated the Insurance Company (Insurer of offending vehicle) from the liability and confined the same only against owner and driver of offending vehicle. So far as other appeal CMA No. 206/2002 is concerned, it is filed by owner and driver of offending vehicle.

(3.) In the appeal filed by the claimant, two questions are raised. First the compensation awarded to claimant is on lower side and hence it should be further enhanced. Second the award should also have been passed against the Insurance Company. In other words, the Tribunal erred in exonerating the Insurance Company from the liability and on the facts on record, the Insurance Company too should have been held liable to suffer the liability arising out of accident. So far as appeal filed by owner and driver is concerned, they too have contended that Insurance Company should have been held liable to suffer the liability arising out of the accident.