ORIENTAL INSURANCE COMPANY LIMITED Vs. PUSTAK BAI

JUDGEMENT

(1.) Being aggrieved with the award dated 15.09.2014 passed in Claim Case No. 89 of 2011 by the Additional Motor Accident Claims Tribunal, Mungeli, District Bilaspur (C.G.), the Appellant/Insurance Company has preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 challenging the liability fastened upon it and the quantum.

(2.) The Claimant/Respondent No.1, unfortunate wife of deceased- Laxman, claimed compensation of Rs.8,19,262/- by filing a claim petition under Section 166 of the Motor Vehicles Act, 1988 for death of Laxman in the motor accident.

(3.) Facts of the case, in brief, are that on 06.04.2010 due to rash and negligent driving of the offending vehicle Pickup bearing registration No. MP-54/0165 by Respondent No.2/Non-applicant No.1, owned by Respondent No.3/non-applicant No. 2 and insured with the Appellant/non-applicant No.3, the said offending vehicle dashed the Tractor which was being driven by deceased- Laxman. As a result thereof, Laxman sustained grievous injuries and succumbed to those injuries.