NATIONAL INSURANCE CO LTD Vs. SUSHILA DEVI

JUDGEMENT

(1.) PRESENT appeal under Section 173 of the motor Vehicles Act, 1988 (for short as 'act')filed by the insurance Company challenges the impugned award dated 18th September, 2006 passed by Mr. A. S Jayachandra, Judge, mact, Delhi.

(2.) THE brief facts of t his case are that on 15th April, 2004, deceased Sandeep Kumar aged about 281/2 years along with one Kulvir left his office Madhuban (Karnal) for some official work on Motorcycle No. HR-MB-1230. The motorcycle was being driven by the deceased and the said Kulvir was sitting as a pillion rider. When they reached near Anaz mandi, GT Karnal Gate, an Eicher tractor being No. HR05-E-4929 came from the side of the Karnal City and suddenly took a sharp turn towards Anaz Mandi Gate and stuck against the motorcycle of the deceased. Due to the strong impact, they fell down on the road. The deceased was crushed under the wheels of the said tractor and pillion rider also sustained grievous injuries.

(3.) RESPONDENT No. 6 Pala Ram is the driver of the offending truck, while respondents 7 to 9 herein, are the owners of the offending tractor and the appellant is the insurer of the tractor.