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JYOTSNA REWAL DUA
National Insurance Company Limited – Appellant
Versus
Kanta Devi – Respondent
JUDGMENT :
Jyotsna Rewal Dua, J.
By way of instant petition filed under Article 227 of the Constitution of India, the petitioner-Insurance Company has assailed the award dated 30.03.2011, passed by learned Motor Accident Claims Tribunal-II, Solan, District Solan H.P.
2. In terms of the award, the claimants i.e. widow and two minor sons of deceased Rajesh Kumar were held entitled for compensation amount of Rs.17 lacs alongwith interest. Rajesh Kumar had died in an accident, which took place on 24.6.2009. He was riding a motor cycle bearing No. HP-12C-1795, when he collided with a bus bearing No. HP-12C-7322, driven by respondent No.4/Bhag Singh. FIR No.105/2009 in this regard was registered on 24.06.2009, under Sections 279, 337 and 304-A of the Indian Penal Code. During the proceedings before learned Motor Accident Claims Tribunal-II, Solan, District Solan, H.P., it was proved that accident had occurred on account of rash and negligent driving of the bus driven by respondent No.4/Bhag Singh. PW-3 Kewal Singh stated that the accident occurred in his presence and that Respondent No.4/Bhag Singh while over-taking another bus, collided with the motor cycle driven by the deceased Rajesh Ku
The main legal point established in the judgment is that the petitioner should have filed an appeal under Section 173 of the Motor Vehicles Act instead of invoking the supervisory jurisdiction under ....
Neither there is any challenge to the maintainability of claim petition nor to the validity of award nor these aspects can be gone into in this petition filed under Article 227 of the Constitution of....
Insurance companies have limited rights to appeal compensation quantum under the Motor Vehicles Act, emphasizing statutory purpose.
The Motor Accident Claims Tribunal lacks inherent power of review without legislative authority; such power can only correct clerical errors, not substitute judgments.
The Court's decision was based on the compromise reached by the parties, highlighting the significance of mutual agreement in settling legal disputes.
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