HIRALAL YADAV Vs. RAMSWARATH YADAV

JUDGEMENT

(1.) This appeal by the owner under Section 173 of the Motor Vehicle Act against the award dated 27.02.2013 passed by the 3rd Additional Motor Accident Claims Tribunal, Ambikapur, Surguja, C.G. in claim case No.57/2012, whereby the Tribunal has fastened the liability on the appellant/owner, while exonerating the Insurance Company on the ground of breach of policy conditions.

(2.) Brief facts of the case are that on the date of accident i.e. 05.06.2010, deceased Ashok Yadav, son of the claimants was travelling in vehicle Bolero bearing registration No. CG-15B-0771, which was being driven by non-applicant No.1 in a rash and negligent manner and as the said vehicle turned turtle, the deceased Ashok Yadav died on the spot. It is not is dispute that on the date of accident vehicle in question was owned by non-applicant No.2/appellant herein and insured with Non-applicant No.3/respondent No.4.

(3.) The claimants filed a claim petition under Section 166 of Motor Vehicle Act for compensation of Rs.10,00,000/- against the death of their son in the said Motor Vehicle Accident.