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Judgment
P. Sam Koshy, J
Present is an appeal by the Insurance Company under Section 173 of the Motor Vehicles Act assailing the award dated 28.10.2010 passed by the
Additional Motor Accident Claims Tribunal (FTC), Balod, District Durg (CG) in Claim Case No.03/2010. Vide the impugned award the Tribunal in a
death case has awarded a compensation of Rs.4,03,000/- with interest at the rate of 6% per annum from the date of application.
The challenge to the impugned award is on the ground that the deceased in the instant case was a gratuitous passenger and therefore, the liability
has been wrongly fastened upon the Insurance Company. Counsel for the appellant prays for exoneration of the Insurance Company and for shifting
the liability upon the owner. He further submits that the award is also bad in law to the extent that the Tribunal has award a penal interest of 9% if the
amount is not deposited within a period of 2 months.
Perusal of the record would show that the Insurance Company, in the instant case, has not led any evidence before the Tribunal to substantiate any
of its contentions. In the absence of any evidence by the Insurance Company in support of its contention, the submission put forth by the counsel for
the appellant assailing the impugned award does not have any force. The appeal of the Insurance Company does not have any force even on merits of
the case as the policy itself shows that the risk covered by the Insurance Company was for two persons.
The present appeal thus fails and is accordingly dismissed. However, it is made clear that the Insurance Company should deposit the amount at the
earliest preferably within a period of 60 days from today failing which the penal interest as awarded by the Tribunal shall come into force.