National Insurance Company & Ans vs Amba Bai & Ors on 6 August, 2009

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               S.B.CIVIL MISC. APPEAL NO.405/97
            (National Insurance Co. vs. Amba Bai & Ors.)
                   DATE OF ORDER : 6/8/2009

            HON'BLE DR.JUSTICE VINEET KOTHARI


Mr.Sanjeev Johari, for the appellant.


      This appeal has been filed by the Insurance Company

aggrieved by the award dated 29/6/1996 in MACT Case no.18/93

(Amba Bai w/o Shanker Lal & Ors.). The only point pressed by the

learned counsel for the appellant Insurance Company is that the

compensation in question is excessive and that deceased Shambhu

Singh himself was negligent in driving his scooter and accident took

place in the middle of the road with the jeep in question.



      Learned counsel for the appellant insurance company fairly

submits that since they have not applied or taken permission under

Section 170 of the Act from the learned Tribunal, the quantum of

compensation cannot be challenged by the appellant insurance

company in view of the provisions of Section 149 of the Act.

However, he submits that on the question of negligence of the scooter

rider - deceased Shambhu Singh, the findings of the learned Tribunal

are incorrect.
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      Having heard learned counsel and upon perusal of the findings

of learned Tribunal, this Court is satisfied that there is no force in the

present appeal of the Insurance company. Learned Tribunal has found

that the jeep no. RJ-3C-104 was being driven by the driver in rash

and negligent manner and the witness P.W.3 - Mahendra has stated

before the Tribunal that despite being told, the said driver while

overtaking another truck hit the scooter coming from opposite side

and consequently the driver of the said scooter - deceased fell down

and suffered injuries and ultimately died.



      From the said findings and site map it does not appear that

there was any negligence on the part of scooter rider and

consequently the findings of the learned Tribunal cannot be said to be

incorrect or perverse in any manner.



      As far as quantum of compensation is concerned, firstly the

insurance company is not entitled to challenge the same in the

absence of prior leave granted by the learned Tribunal in this regard

under Section 170 of the Act and even otherwise the quantum of

compensation of Rs.3,50,000/- on account of death of young person
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of 34 years of age, who was employed at G.S.Industries cannot be

said to be excessive and the learned Tribunal has considered the

relevant evidence while awarding said compensation in favour of

claimant.



      In view of above, there is no ground in the present appeal to

interfere with the impugned award. The appeal being devoid of merit

is accordingly dismissed. Copy of this order be sent to opposite side.



                                         (DR.VINEET KOTHARI), J.

item no.9
baweja/-