G.L. Gupta, J. - (1.) This appeal under section. 110-D of the Motor Vehicles Act, 1939, has been preferred by claimant, Bali, for the enhancement of the award as well as for passing the award against the Insurance Company for the entire sum.
(2.) The accident had occurred on 24.8.1983. Hanuman (33 years) lost his life. The case set up in the claim application was that Hanuman was going on a cycle and Bus No. RNB-5011 hit the cycle as a result of which, Hanuman sustained injuries and died. The reply of the driver and the owner was that of denial, stating that the accident has occurred because of the mistake of the cyclist. The Insurance Company came with the plea that the insured had obtained policy by playing fraud. The learned Tribunal framed six issues. Claimant Bali entered into witness box and examined Laxman (AW 2) and Laxminarain (AW 3). No oral evidence was produced by the other side. The learned Tribunal held under issue No. 1 that the accident had occurred because of negligence of the driver of the Bus. Under issue No. 3, a sum of Rs. 81,200/- was held to be just compensation. After deducting Rs. 15,000/- paid as interim award, final award was passed for Rs, 66,200/-.
(3.) Arguments of learned counsel for the parties have been heard and record perused.;