IFFCO TOKIO GENERAL INSURANCE CO LTD Vs. SUBHNI

JUDGEMENT

(1.) This appeal has been filed by the Insurance Company against impugned award dated 7-3-2009 passed by the First Additional Motor Accident Claims Tribunal, Ambikapur, Surguja (C.G.) in Claim Case No. 34/2006 whereby the Insur-ance Company has been directed to pay the compensation to the claimants and recover the said amount from the owner of the ve-hicle in question.

(2.) Brief facts of the case as per the ver-sion of the claimant are that on 7-11 -2005 deceased Siyaram had gone to do labour works in the tractor of the owner/respondent No. 3 namely Shivram Ghasia. At about 7.30 p.m. the deceased along with others was re-turning from Santipara Batauli to contarai by tractor bearing Regn. No. 13-A/6841 and trolley No. 13-A/6842 after unloading the bricks from the said tractor. On the way near thrasher machine at Aamroad Sitapur, re-spondent No. 2 who was driving the said trac-tor drove the vehicle rashly into a field, due to which the deceased fell down from the tractor and was run over by the rear wheel of the tractor, as a result of which he died on the spot. The widow of the deceased being legal representative has made claim to the tune of Rs. 8,45,000/- on various heads.

(3.) The learned Claims Tribunal has held that the offending tractor trolley was involved in the accident in which deceased has died; respondents 2 and 3 have breached the policy conditions and the driver of the vehicle was not having valid and effective driving license at the time of accident. It has further held that respondents 4 and 5 are parents of the deceased and they being legal representatives are also entitled to get compensation. Thus it has awarded Rs. 4,64,472/- as compensa-tion, which the claimant as also respondents 4 and 5 are entitled to receive from the ap-pellant as well as respondents 2 and 3 jointly or severally. However, the appellant insur-ance company was directed to first deposit the amount under award and then recover the same from the owner of the vehicle.