New India Insurance Co. vs Bhaviniben and Others

M.D. Shah, J.—This appeal has been filed by the original opponent No. 5-Insurance Company under Sec. 173 of the Motor Vehicles Act, 1988 being aggrieved and dissatisfied with the judgment and award dated 27-1-1995 passed by the Motor Accidents Claims Tribunal (Aux.), Nadiad, in MACP No. 704 of 1985 awarding compensation of Rs. 5,14,500/- to the claimants. Facts in short are that a claim petition was filed by widow of deceased Dineshbhai claiming compensation for death of the deceased which is caused in an accident which is alleged to have occurred on 1-5-1985 due to collision between Motor cycle No. GRJ-3942 and truck No. GTK-2027 on way to Anand causing fatal injuries to the deceased. Upon service of summons and after hearing the learned counsel for the parties and considering the oral as well as documentary evidence on record, the impugned award was passed by the Tribunal.

I have heard learned counsel for the appellant and have also taken into consideration the relevant documents such as FIR, panchnama and other evidence.

The learned advocate for the appellant has submitted that the truck was transferred before the date of accident which was not informed to the Insurance Company and, therefore, Insurance Company is not liable to satisfy the award. It is further submitted that there is no evidence qua income of the deceased and hence, income taken by the Tribunal in calculation of compensation is on the higher side. It is also submitted that the multiplier applied by the Tribunal is also on the higher side.

On going through the records including the oral as well as documentary evidence on record as well as age and income of the deceased, this Court is of the opinion that just and adequate compensation has been awarded by the Tribunal and hence, findings of the Tribunal do not require to be interfered with.

It is pertinent to note that power of this Court as an Appellate Court to interfere with the order passed by the court below is very limited and only in exceptional circumstances, it can be interfered with. The appellate Court cannot reevaluate or reassess the entire evidence and arrive at a conclusion contrary to the one arrived at by the Court below. However, in case where the order passed by the court below is found to be illegal or contrary to the settled principles of law, the Appellate Court has all powers to interfere with the same. Considering the above principles of law, this Court has only to see whether any illegality or irregularity has been committed in passing the impugned order or not.

In the facts and circumstances of the case, this Court is of the opinion that no illegality or irregularity has been committed by the Tribunal in passing the impugned judgment and award and hence, the appeal deserves to be dismissed.

Thus this appeal is dismissed. Notice is discharged. Office is directed to send back the records and proceedings, if any, forthwith.