M.A. No. 1655/10
30.06.2010
Appellant by Shri U.K.Shukla, Advocate.
Default is ignored and the appeal is heard on
admission.
This is an appeal by the owner of the Jeep
challenging the award dated 23.9.2009 passed by the
Motor Accident Claims Tribunal in Claim Case No.
34/09 wherein the Insurance Company has been
exempted from paying compensation and the liability
has been fixed of the present appellant who was the
Non Applicant No.2.
The tribunal came to the conclusion that the
said vehicle was plied without there being any permit
and since it was a case of breach of policy, the
Insurance Company has been exempted. The tribunal
has awarded a sum of Rs.18,330/-. The basis for the
aforesaid award is that the claimant after the
accident was admitted to the Hospital for a period
from 17.4.08 to 19.4.08. He has also received
treatment from Doctor Amol Bhansali and Doctor
Sharad Rathi up to 24.6.08 and on the basis of the
same, the tribunal in para 18 of the award held that
from the documents, Ex. P/11 to P/17 it is clear that
tribunal has awarded a sum of Rs.2,330/- towards the
bills relating to the treatment for purchase of
medicines. The expenses for receiving treatment and
other heads is also awarded and thus the total
amount of Rs.18,330/-. The tribunal has recorded a
finding that the injuries were simple in nature but
since there had been injuries, therefore, the amount
as such has been awarded.
In view of the aforesaid, I do not find any
justification to admit the present appeal. Accordingly,
appeal stands dismissed.
(R.K. Gupta)
Judge
rao