- (1.) THIS appeal under Section 173 of the Motor Vehicles Act, 1988 ('the Act') has been filed by the appellant for enhancement of compensation aggrieved against the judgment and award dated 26.3.2003 passed by the Judge, Motor Accidents Claims Tribunal, Bali ('the Tribunal'), whereby for death of a mare, the appellant was awarded a compensation of Rs.46,000.00.
(2.) THE brief facts of the case are that the appellant filed an application for compensation under Section 166 of the Act seeking compensation to the tune of Rs.1,25,000.00 with the averments that on 19.4.2000 at 5:30 am, the appellant's mare was struck by the vehicle belonging to the respondent No.2, which was being driven rashly and negligently by the respondent No.1. The mare died on the spot and the rider suffered serious injuries. It was claimed that at the time of accident, the mare was pregnant, of a good breed, quite healthy and was being utilised for marriage and other functions, by which the appellant used to earn about Rs.35,000.00 per year. No reply to the application was filed by the owner and driver of the offending vehicle and only insurance company filed its reply.
(3.) THE Tribunal framed four issues and after evidence was led by the claimant by examining himself and two other witnesses and exhibiting 10 documents, the Tribunal came to the conclusion that the driver of the vehicle was driving the vehicle rashly and negligently and struck the mare resulting in the mare dying on the spot and the insurance company was liable for the payment of compensation.;