PADUM KUMBHKAR Vs. SATEL RAM YADAV

JUDGEMENT

(1.) This appeal has been filed by the Driver and Owner of the offending vehicle challenging the award dated 22.03.2012 passed by the 4th Additional Motor Accident Claims Tribunal, Bilaspur in Claim Case No. 36/2011.

(2.) As per averments made in the claim petition on 09.02.2011 deceased Durgesh Yadav was standing by the side of the road along with his friends. At that time, non-applicant No.1 Driver of the offending vehicle Tractor (bearing engine and chesis No. 13760), owned by non-applicant No.2 and insured with non-applicant No.3, driving the same in a rash and negligent manner dashed the deceased, as a result of which, the deceased suffered grievous injuries and died during the course of treatment in hospital.

(3.) On claim petition being filed by the claimants, learned Tribunal considering the evidence led by both the parties by the impugned award granted a total compensation of Rs. 1,92,000/- with interest at the rate of 6% per annum from the date of application till its realization, fastening the liability on the appellants/driver and owner of the offending vehicle while exonerating the insurance company on the ground of breach of policy.