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Judgment
Subhash B.Adi
There is a delay of 256 days in filing the appeal. Cause shown is accepted. Delay of 256 days in filing the appeal is condoned. Accordingly, Misc. Cvl. No. 1121/2011 is allowed.
This is claimants'' appeal against the judgment and award dated 30.1.2010 in MVC No. 1467/2008 on the file of the MACT. Sira questioning the liability.
On appreciation of the evidence on record, the Tribunal has awarded compensation of Rs. 2.25,000/-with interest and has held that the owner of the vehicle is liable to pay the compensation on the ground that he has failed to produce the policy copy.
In this appeal, claimants have filed application under Order 41 Rule 27 r/w Section 151 of CPC seeking permission to produce policy copy. Policy copy bears No. 140137233410005.4 and it pertains to Vijay Steel Tubes and it is valid from 1.11.2007 to 31.10.2008. The accident has occurred on 19.8.2008. As on the date of accident, policy was in force, as such, liability cannot be disputed. Accordingly, deceased being a third party, insurer is liable to indemnify the compensation.
In so far as the compensation is concerned, since the deceased was aged 16 years at the time of accident and claimants being parents, they have lost their son at the young age. Considering the same, compensation could be enhanced by another Rs. 50,000/-
Accordingly, the appeal is allowed in part. Liability of the owner is set aside. Insurer is held liable to indemnify the compensation. Claimants are entitled for compensation of Rs. 50,000/- over and above the compensation awarded by the Tribunal, with interest.