UNITED INDIA INSURANCE COMPANY LIMITED Vs. DINESHWAR DAS

JUDGEMENT

(1.) This appeal has been filed by the appellant/Non-applicant No. 3- United India Insurance Company Limited under Section 173 of the Motor Vehicles Act, 1988 (in short "the Act") against the award dated 11.02.2015, passed by Motor Accident Claims Tribunal, Jashpur District Jashpur in Claim Case No. 10/2013, whereby the Tribunal has awarded a sum of Rs. 8,32,000/- as compensation with interest @ 9% p.a. in favour of the claimants, fastening liability on the Nonapplicant No. 3/ Insurance Company. The Tribunal directed that if the aforesaid amount is not paid within a period of one month from the date of award than it shall carry additional interest @ 2% p.a.

(2.) As per averments made in the claim petition, on 07.01.2013, Keshwar Das (since deceased), aged about 40 years earning Rs. 4,500/- by doing the work of loading & unloading the goods was coming back to village- Bimda sitting on a tractor bearing No. CG-14/A-3428. Non-applicant No. 2 Haseeb Ansari was driving the said offending vehicle in a rash and negligent manner, due to which the deceased- Keshewar who was sitting in the left side of tractor fell off the vehicle, suffered grievous injuries and ultimately succumbed to the injuries sustained by him.

(3.) On claim petition being filed by the claimants under Section 166 of the Motor Vehicles Act, the Tribunal considering the evidence led by both the parties by the impugned award granted compensation in favour of the claimant as mentioned above.