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Judgment
The instant appeal has been filed by the appellant-Insurance Company Challenging the judgment and award passed by the Motor Accident Claims Tribunal, Jamshedpur whereby a compensation of Rs. 3,07,000/- has been awarded on account of death of the deceased.
It appears that about six persons died in an accident caused by a vehicle carrying petroleum product. In all cases compensation was awarded by the Tribunal and against that appeals have been filed. One of such appeal being M.A. No. 269 of 2008 was heard and disposed of on 4.11.2009 by a Bench of this Court. The order reads as under:
I.A. No. 3140 of 2009
Heard the counsel for the parties in the limitation matter.
There is delay of 57 days in filing the appeal, which has been explained. Hence, the application is allowed and delay in filing the appeal is condoned.
The I.A. stands disposed of.
M.A. No. 269 of 2008
This is an appeal filed by the appellant-Insurance Company challenging the judgment and award passed by the Tribunal whereby a meager amount of Rs. One lakh for the death of an infant child in a motor vehicle accident has been awarded.
Admittedly the vehicle was insured with the Insurance Company. But the defence taken by the Insurance Company is that the vehicle was carrying petroleum product which falls in the class of hazardous goods, so extra premium ought to have been paid by the owner of the vehicle.
Admittedly the accident caused the death of a third party and it was mandatory for the Insurance Company to issue at least third party policy.
Be that as it may, we do not find any reason to enter into all these controversies. The judgment and award passed by the Tribunal needs no interference by this Court. This appeal is dismissed.
As prayed, by Mr. Jha, learned Counsel appearing for the appellant-Insurance Company the statutory amount is permitted to be withdrawn.
Following the aforesaid order, we are also not inclined to interfere with the award passed by the Tribunal. This appeal is dismissed.
Mr. G.C. Jha, learned Counsel appearing for the appellant-Insurance Company submitted that the owner of the vehicle by committing fraud has changed the number of the vehicle and as a matter of fact, the insurance policy was issued in respect of changed number of the vehicle.
We do not want to enter into these disputed facts. However, we observe that if the owner has committed fraud in getting the insurance of the vehicle, the appellant-Insurance Company shall have right to to proceed against him.
As prayed by Mr. Jha, learned Counsel appearing for the appellant-Insurance Company, the statutory amount is permitted to be withdrawn.
Co. No. 5 of 2009
We have heard learned Counsel on the cross-objection.
We do not find any justification to enhance the quantum of compensation.
Accordingly, this cross-objection is also dismissed.