UNITED INDIA INSURANCE COMPANY LTD Vs. AAMNA KHATUN

JUDGEMENT

(1.) THIS appeal under Section 173 of the Motor Vehicles Act, 1988 ('the Act') has been preferred by the Insurance Company aggrieved by the judgment and award dt. 24.03.2011 passed by the Motor Accident Claims Tribunal, Didwana ('the Tribunal'), whereby, a compensation of Rs. 9,40,780/ - alongwith interest @ 9% per annum from the date of filing application i.e. 28.02.2006 till the date of payment has been awarded. The claimants have filed cross -objections seeking enhancement of compensation awarded by the Tribunal as noticed above.

(2.) THE facts in brief are that the claimant -respondent Nos. 1 to 5 filed an application for compensation ('the application') before the Tribunal, inter alia, with the averments that on 07.12.2005 at about 10:45 AM a motor cycle bearing registration No. RJ21 -5M -9072 ('9072') was being driven by one Prithvi Raj rashly and negligently, who struck Habib Khan, a pedestrian, who suffered injuries and died on account of the said accident. It was, inter alia, stated in the application that deceased Habib Khan aged 40 years was serving as a Constable with the Rajasthan Police and has recently passed examination of Head Constable and had a bright future and claimed a sum of Rs. 19,38,440/ - as compensation under various heads from said Prithvi Raj - driver, Mohd. Ahsan - owner of the vehicle and appellant Insurance Company.

(3.) A reply to the application was filed by respondent No. 1 Prithvi Raj and respondent No. 2 Modh. Ahsan, who denied the averments made in the application and ultimately stated that as the vehicle was insured with the Insurance Company, the liability, if any, remains that of the Insurance Company.