NATIONAL INSURANCE CO. LTD. Vs. GAJROPAN YADAV

JUDGEMENT

(1.) This appeal has been preferred by the appellant / Insurance Company under Sec. 173 of the Motor Vehicles Act, 1988, against the award dtd. 4/4/2015 passed by the 4th Additional Motor Accident Claims Tribunal, Ambikapur, District Surguja (C.G.) in Claim Case No. 56/2008, whereby a total compensation of Rs.4,39,000.00 has been awarded along with interest at the rate of 6% per annum from the date of application till realization, while fastening the liability jointly and severally on the Insurance Company (non-applicant No.3) and the owner (non-applicant No.1). However, the Tribunal further held that the primary liability of paying the compensation would be of Insurance Company.

(2.) As per averments made in the claim petition, on 3/4/2000 at about 10:00 am, deceased- Madhusudhan Yadav was driving a Tractor bearing registration No.CG-L-9297 attached with trolley (hereinafter called as 'offending vehicle'). During the course of driving, the said offending vehicle turned turtle, due to which, deceased got crushed under the said offending vehicle and died on the spot. At the time of accident, the offending vehicle was owned by non-applicant No.1 and insured with appellant/Insurance Company.

(3.) On claim petition being filed by the claimants under Sec. 163-A of the Motor Vehicles Act seeking compensation to the tune of Rs.8,70,000.00 under various heads, inter alia, stating that at the time of accident, deceased- Madhusudhan Yadav was aged about 25 years and was working as driver under the employment of non- applicant No.1 and used to earn Rs.2,000.00 per month. The Tribunal, considering the evidence led by both the parties, passed an award as mentioned above.