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2003 Supreme(Raj) 1197

RAJESH BALIA, O.P.BISHNOI
New India Insurance Co. – Appellant
Versus
Tej Kanwar – Respondent


Advocates:
For the Appellant:Jaswant Mal Bhandari, Advocate.
For the Respondent:Lalit Kawadia, Advocate.

JUDGMENT

1. - Having heard the learned counsel for the parties, we are of the opinion that no interference can be made in this appeal at the instance of New India Insurance Co. Ltd.

2. The husband of respondent No. 1 and the father of respondent Nos. 2 to 8, Paras Mal died in a Motor Accident which took place on 13.7.89. A claim was filed before the Motor Accident Claims Tribunal alleging therein that the income of deceased at the time of his death was Rs. 6000/- per month and his 8 years' service was left. The Insurance Company was also impleaded as party and the vehicle was insured. The Motor Accident Claims Tribunal taking the monthly income of deceased at Rs. 6000/- awarded a sum of Rs. 5,74,000/- as compensation and after depositing Rs. 25,000/- as no fault liability, Rs. 5,49,000/- was awarded to be paid to the claimants till the date of filing the application only and 12% interest was also awarded. This award was not appealed by the owner and the driver of the vehicle but this appeal was filed by the Insurance Company only.

3. From the judgment under appeal, it is clear that award was sought to be challenged for avoiding liability, on merits, on grounds other than permissible










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