HEMENDRA KUMAR GURJAR Vs. LAXMAN GOND

JUDGEMENT

(1.) This appeal under Sec. 173 of the Motor Vehicle Act, 1988 (for short 'the Act') has been preferred by the appellants/driver & owner against award dtd. 23/3/2023 passed by Upper Motor Accidents Claims Tribunal, Surajpur Distt. Surajpur in Motor Accident Claim Case No.151/2021.

(2.) By the impugned award, the Claims Tribunal allowed the claim petition filed by the claimant and awarded a total sum of Rs.14,81,200.00 in favour of respondent No.1/claimant and respondent No.3 on account of death of Dharmjeet, who was son of respondent No.1 and husband of respondent No.3, in an accident occurred on 3/3/2021 by rash and negligent driving of the offending vehicle Pick-up van, bearing registration No.CG 29 AD 2845, by appellant No.1, owned by appellant No.2 and insured by respondent No.2./Insurance company. However, insurance company has been exonerated by the Tribunal, holding that there is breach of policy condition.

(3.) As per the pleading of the claim petition, the deceased Dharmjeet, aged about 20 years, was working as a helper/khalasi in a Pick-up van bearing registration No.CG 29 AD 2845 owned by appellant No.2. On 3/3/2021 as per the instruction of the owner, the deceased along with his friend Sunil Singh were going to village Asura along with goods in the said Pick-up Van. The deceased was sitting in the back of the vehicle and at about 2.00 pm, when they reached Surajpur main road near village Asura, the vehicle met with an accident by the rash and negligent driving of the driver/appellant No.1 and Dharmjeet/deceased fell down from the vehicle, due to which he sustained serious injuries and was hospitalized. During treatment he died on 4/3/2021.