ORIENTAL INSURANCE CO. LTD. Vs. NARESH KUMAR

JUDGEMENT

(1.) This appeal has been filed by the appellant/company against the award dated 17.03.2008, passed by learned Additional Motor Accidents Claims Tribunal, Dindori in M.C.C. No.7/2007, whereby the respondent/claimant has been awarded Rs. 32,859/- with interest @ 5% per annum.

(2.) In this appeal the Insurance Company has particularly challenged the findings of the learned Tribunal on the ground that the appellant has got a liability to indemnify the owner of the insured vehicle, when the insured vehicle causes accident resulting in death or injury to any third person, but when the insurer/owner, is himself the claimant then the claim application is not maintainable under Section 166 of the Motor Vehicle Act. Learned counsel for the appellant placed reliance upon the case law reported in M.P. State Road Transport Corporation and others Vs. Abdul Rahman and others [1997 (II) MPLJ 224] & Hemlata Sahu & others Vs. Ramadhar and another [2000 ACJ (I) 134].

(3.) The cross objection has been filed by the respondent/claimant on the grounds that the learned Tribunal wrongly awarded less compensation in favour of the respondent. No amount has been awarded on account of loss of income of the period of treatment and future treatment. Learned Tribunal has erred in assessing the compensation without adopting multiplier system. The assessment of the compensation is not proper and reasonable, and deserves to be enhanced under the head of transportation, vehicle maintenance, agonies, discomforts, loss of income, loss of enjoyment and attendant expenses also. Therefore, the respondent/claimant prayed to enhance quantum of compensation of allowing cross-objection.