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Judgment
P. Sam Koshy, J
The present appeal under Section 173 of the Motor Vehicles Act has been filed by the insurer against the award dated 10.07.2012 passed by the
Motor Accident Claims Tribunal, Kabirdham (in short, the Tribunal) in Claim Case No.31/2010. Vide the impugned award, the Tribunal has awarded
compensation of Rs.2,01,500/- along with interest @ 7 percent per annum from the date of application.
The appellant assails the impugned award on the ground that the deceased in the instant case was travelling on the body of the Tractor at the time
of accident whereas, sitting capacity of the Tractor is only one i.e. the Driver and therefore, the insurance company cannot be held liable to pay
compensation.
However, a perusal of record would show that the insurance company in the instant case inspite of proper service being made, have chosen not to
contest the case before the Tribunal and they have also not led any evidence before the Tribunal to substantiate its contentions. On the contrary, the
document pertaining to the vehicle particularly the insurance policy have also been brought on record by the claimants.
Under the given circumstances, for want of sufficient evidence, the contention of the insurance company is not acceptable and the appeal thus
being devoid of merit deserves to be and is hereby rejected.