NATIONAL INSURANCE COMPANY LTD Vs. DHANU SAO

JUDGEMENT

(1.) PRESENT appeal has been preferred by the appellant -National Insurance Company Ltd. against the Judgment and Award dated 23.12.2005 passed by learned Additional District Judge, F.T.C. -II -cum -Motor Accident Claims Tribunal, Bermo at Tenughat in connection with Claim Case No. 37 of 2003/08 of 2005, whereby and whereunder, the respondents No. 1 to 4/claimants have been directed to be paid Rs. 1,24,700/ - with interest 8.5% from the date of filing of the claim application i.e. 5.5.2003, failing compliance of the order within couple of months, the appellant -insurance company will have to pay interest @ 12% per annum. The facts in brief is that on 1.3.2003 deceased Dugru Sao who was having a grocery shop was traveling on a dumper bearing No. MH34A -1190 which started its journey from Hosir to Lalpania. Due to rash and negligent act of the driver, the vehicle met with an accident in which said Dugru Sao sustained injuries and died in the hospital during treatment.

(2.) LEARNED Tribunal after considering the evidence on record pleased to pass impugned judgment and award in favour of the claimants.

(3.) THE respondent No. 5, who happens to be owner of offending vehicle has put his appearance before this Court. It is submitted that the vehicle belonging to this respondent never met with an accident nor deceased Dugru Sao was a passenger on the said vehicle at the relevant point of time. Further, the vehicle was insured at the relevant point of time and therefore, if any, compensation amount is directed to be paid i.e. to be paid by the insurance company.