BRANCH MANAGER Vs. ABDUL RASHEED & ORS

JUDGEMENT

(1.) These cross appeals have been filed by the appellantInsurance Company and claimants inter alia aggrieved by the common judgment & award dated 12/1/2011 passed by the Motor Accident Claims Tribunal, Banswara, whereby, the Tribunal has awarded a sum of Rs. 85,425/- to claimant Abdul Rasheed and Rs.81,660/- to claimant Raju and the appellant Insurance Company along with respondents Mohan & Harku has been held liable for payment of compensation. While the Insurance Company has sought its exoneration from the liability, the claimants are seeking enhancement of compensation.

(2.) The applications for compensation were filed by Abdul Rasheed and Raju on 26/9/2007 and 27/9/2007, respectively, which were consolidated on 15/10/2008. It was averred in the applications that on 29/7/2007 the claimants were riding a Motor Cycle at about 7.15 a.m. towards Banswara when the nonclaimant no.1, Mohan, who was also riding a Motor Cycle No. RJ- 03-SA-7501 rashly and negligently, collided with their Motor Cycle resulting in the claimants falling down and suffering grievous injuries, which resulted in fractures, disability and defacement. Abdul Rasheed, who was working as driver with the Bus Depot, Banswara, was aged 40 years and was getting Rs.8000/- as monthly salary and he claimed compensation to the tune of Rs.23,98,000/-. Claimant Raju, who also suffered fracture, disability and defacement, indicated that he was aged 32 years and was earning Rs.6000/- per month by way of manual labour and agricultural operations and claimed compensation to the tune of Rs.4,86,000/-.

(3.) The non-claimants filed their response denying the averments made in the application. The Insurance Company also filed its reply and contended that the Policy conditions were violated as the driver of the offending Motor Cycle was not holding a valid driving licence.