UNITED INDIA INSURANCE COMPANY LIMITED Vs. LICHHMA DEVI

JUDGEMENT

(1.) The present appeal has been preferred against the judgment and award dated 06.10.2018 passed by Motor Accident Claims Tribunal, Sujangarh, District Churu in MACT Case No. 3/2015, whereby learned Tribunal after framing the issues, evaluating the evidence on record and hearing the learned counsel for the parties decided the claim petition of the respondents-claimants and awarded a sum of Rs. 13,71,000/- as compensation to them on account of the death of Ganesh Ram in the accident which occurred on 27.04.2014.

(2.) Learned counsel for the appellant-Insurance Company vehemently submitted that findings of the Tribunal on Issue No.2 are erroneous, as the appellant-Insurance Company is under an obligation to compensate the award amount to the insurer/owner of the vehicle and since the owner of the vehicle was not arrayed as party respondent in the present case, the appellant is not liable to indemnify the amount of compensation. Thus, the Tribunal committed an error in deciding Issue No.2 against the appellant.

(3.) Learned counsel further submits that it has come on record that Ganesh Ram was working as a Mason and was also involved in the agricultural work of the family. The income of the deceased Ganesh Ram was wrongly assessed by the Tribunal as Rs.9,000/- per month. He submits that no evidence in support of the income of the deceased was produced before the Tribunal, therefore, the income assessed by the Tribunal is quite excessive.