HEM SINGH Vs. SHAMSHER

JUDGEMENT

(1.) Feeling aggrieved by the impugned judgment and award dtd. 13/6/2011 passed by Motor Accident Claims Tribunal-cum-Additional District and Sessions Judge (Fast Track) No.1, Beawar, District Ajmer in Claim Case No.09/2009(280/2007). The claimant-appellants (hereinafter referred as the claimants) have submitted that this appeal for enhancement of compensation amount and have also challenged the finding recorded by the Tribunal while deciding the issue No.2 and exonerating the Insurance Company from its liability to make payment of compensation.

(2.) Learned counsel for the appellants submitted that the amount of compensation granted by the Tribunal is on the lower side and requires suitable enhancement. He further submitted that while deciding issue No.3, the Tribunal has recorded a contradictory finding by saying that the driver of the vehicle was having a valid licence Ex.9 but the Tribunal has seriously erred in holding that since no evidence was produced by the driver owner of the vehicle that the driver of the vehicle was driving the vehicle on the instructions of the person having valid licence. Counsel further submitted that quashing the aforesaid finding recorded while deciding issue No.3 a direction be issued to the Insurance Company to pay compensation to the claimants and thereafter recover the same from the driver owner of the vehicle in this regard.

(3.) Learned counsel has placed reliance on the decision of the Hon'ble Supreme Court in the case of Shamanna and Ors.Versus The Divisional Manager, The Oriental Insurance Company Ltd. and Ors. reported in (2018) 9 SCC 650 which reads as under:.