Madhya Pradesh Court August 1988 Judgments

The Oriental Fire and General Insurance Company Ltd. Vs. Mahila Lolma ...

Court: Madhya Pradesh

Reported in: 1(1989)ACC397

B.C. Varma, J.1. One Lalmani died as a result of collision between Bus No. M.P.A. 2559 and Truck No. M.P.A. 4750 when he was travelling in the aforesaid bus. The finding of the Claims Tribunal is that it was the driver of the truck who was negligent in driving the truck. Since this appeal is by insurance company, we need not disturb that finding. We, therefore, affirm that finding that Lalmani died owing to negligent driving of truck No. M.P.A. 4750.2. This is an appeal by the insurer of the truck. Clearly, in view of Section 96 of the Motor Vehicles Act, the scope of this appeal is to determine the extent of liability of the Insurance Company alone. We, however, find from paragraph 13 of the award that the Claims Tribunal has assigned no reason for awarding the amount of compensation and thus the award is absolutely faulty and illegal. In fact, he does not appear to have applied his mind to legal provisions governing the case. He has not appreciated the evidence. Ordinarily, therefore...