National Insurance Co. Ltd. and Another vs Gajanand and Others

Mahesh Chandra Sharma, J.—This misc. appeal and cross objection have been filed against the judgment dated 6.8.2003 passed by the Presiding Officer, Motor Accident Claims Tribunal, Sikar (for short ''the tribunal'') in claim case NO. 397/99. Brief facts of the case are that on 24.11.1999 Mr. Sawarmal, Subhash Chand and Ramakant were sitting in a Mini Truck No. RJ-23G-1078 and they were coming from Molasur via Sikar to Lakshmangarh after selling the soap. At about 6:00 PM when the truck had reached near Badadhar the another bus with No. RJ-14P-5121 come from the opposite side. The said bus was driven by the driver very rashly and negligently and hit in front of Mini Truck and due to the collusion in between two vehicles Mr. Ramkant sustained injuries.

FIR was lodged regarding this incident. Thereafter, claimants filed claim petition before the learned Tribunal. Notices were issued. Written statement was filed. Evidence was submitted by both the parties. The issues were framed. Thereafter, the MACT after hearing both the parties passed the impugned award. Hence, this misc. appeal before this Court.

Learned counsel for the appellants submits that the MACT while passing the impugned judgment/award has not considered the facts and circumstances of the case and evidence available on record in right perspective. The tribunal has committed error in passing the award because admittedly it is the violation of the terms and conditions of the policy because the owner of the vehicle did not inform to the company about the accident, whereas it is was obligatory upon the part of the owner of the vehicle to inform the company immediately after the accident. The tribunal has committed serious error in not considering the judgments cited by the learned counsel during the course of hearing before the tribunal. Thus, the impugned judgment passed by the tribunal be quashed and set aside.

On the other hand the learned counsel for the claimants submits that the award of compensation passed by the tribunal is very meager.

In the cross objection filed by the appellants it has been contended that the tribunal has awarded claim to the tune of Rs. 2,59,200/- along-with 9% p.a. simple interest from the date of filing the claim petition, that is bad in law because it is an admitted fact that deceased was working as a Clerk in Tiger Soap Factory and warning Rs. 5,000/- per month but it has failed to consider this aspect of the same. The tribunal has erred in not awarding compensation after considering the future aspect of the deceased Subhash Chand. The pleadings and evidence of the claimants regarding the income of the deceased remained uncontroverted and there is no specific rebuttal in this regard. The tribunal has awarded a very meager compensation towards the loss of love and affection to the minor children who lost their father in their childhood. Thus, the impugned award passed by the tribunal be enhanced.

I have heard learned counsel appearing for the respective parties and carefully scanned the entire material made available to me including the award passed by the tribunal.

In my considered view, the impugned award passed by the tribunal needs no interference of this Court.

In the result, this misc. appeal filed by the appellants and the cross objections filed by the claimants are devoid of merits and stand dismissed after confirming the award dated 6.8.2003 passed by the Presiding Officer, Motor Accident Claims Tribunal, Sikar in claim case NO. 397/99. Since the main appeal has been dismissed, the stay application also stands dismissed.