SURESH DEWANGAN (WRONGLY MENTIONED AS SULESH DEWANGAN) S/O DAUWALAL DEWANGAN Vs. KUMARI ANITA DAUGHTER OF LATE BAISAKHU

JUDGEMENT

(1.) The appellant/owner has filed the instant appeal under Section 173 of the Motor Vehicle Act against the award dated 16.01.2013 passed by the learned Additional Motor Accident Claims Tribunal, Dhamtari, C.G. in claim case No.49/12, whereby in an injury case the Tribunal has awarded a total sum of Rs. 2,06,745/- as compensation with interest at the rate of 6% per annum from the date of application till its realization, fastening the liability upon the appellant/owner and respondent No.2 Driver jointly and severely.

(2.) As per claim petition on 23.04.2010 injured claimant Kumari Ankita Singh was sitting in the tractor trolley bearing registration No. CG05-C-3473 and CG05-ZG-1004 as a labour. However, due to rash and negligent driving of the said vehicle by respondent No.2 Mehar Singh, the vehicle turned turtle and the Kumari Anita sustained grievous injuries including the fracture of both the leg bones.

(3.) On claim petition being filed by the claimant under Section 166 and 140 of the Motor Vehicle Act, the Tribunal considering the material available on record by the impugned award granted compensation with interest as mentioned above. Learned Tribunal fastened the liability on the driver and owner of the vehicle, while exonerating the insurance company on the ground that the injured was sitting in the mudguard of the tractor whereas the tractor is only sitting capacity of one person i.e. for driver and as such the vehicle was being driven in contravention of the policy conditions.