BAJAJ ALLIANZ GENERAL INSURANCE Vs. BALKESHARI

JUDGEMENT

(1.) The instant appeal under Section 173 of the Motor Vehicles Act, 1988, has been filed by the Appellant-Insurance Company against the award dated 14.12.2010 passed by the First Additional Motor Accident Claims Tribunal, Manendragarh, Baikunthpur, in Motor Accident Claim Case No. 2 of 2010. Vide the impugned award, the Claims Tribunal has allowed the claim application of the claimants (Respondents No. 1 to 4 herein) filed under Section 166 of the Motor Vehicles Act and ordered for payment of compensation of Rs. 4,00,000/- in favour of the claimants.

(2.) Brief facts of the case are that the deceased Sagunath, aged around 20 years at the relevant point of time, while travelling on a tractor, bearing Registration No. CG16-E/0167, owned by Respondent No.7 and driven by Respondent No.8 at the relevant point of time, met with an accident on 15.2.2009. As a result, he succumbed to the injuries sustained by him. The claimants, who are the widow, son and parents of the deceased Sagunath, filed a claim application before the Claims Tribunal. After considering the evidence which have come on record, the Claims Tribunal finally vide award dated 14.12.2010 allowed the claim application of the claimants and ordered for payment of Rs.4,00,000/- as compensation to the claimants, fastening the liability upon the Appellant-Insurance Company and Respondents No. 5, 6, 7 and 8 herein to pay the compensation jointly and severally.

(3.) It is this award which has been put to challenge by the Appellant- Insurance Company by way of the present appeal.