KAVITA DEVI & OTHERS Vs. MUKESH & OTHERS

JUDGEMENT

(1.) As both the appeals have emerged out from the common judgment and order of the learned Trial Judge dated 16.11.2016 hence, are being taken up together for adjudication as under.

(2.) The accident, as claimed, occurred on 28.01.2013 at 12:00 of the night somewhere between the Kashipur-Bareilly road and it has been pleaded by the claimant that Mr. Vijay Pal Singh, who was working as a cleaner/attendant on the TATA S-UK06 CA-2456, lost his life when such vehicle was dashed by the Tractor No. UP21 AC-4294. The TATA S (popularly known as chhota hathi) was insured with the New India Assurance Company Ltd. while Tractor was insured with Oriental Insurance Company Ltd. So, the claim petition demanding the compensation to the tune of Rs. 15 lakhs was initiated by way of filing the MACT No. 29/2014 by the dependants of the deceased. The learned Tribunal vide impugned judgment and order has awarded Rs. 8,83,429/- along with 7.5% thereon.

(3.) Later on, it appears that one Mr. Sabban Khan S/o Shri Chhaman Khan R/o Village & Post Office Sarif Nagar, Tehsil Thakurdwara, District Moradabad was impleaded in the claim petition showing him to be the driver of the tractor at the relevant date and time.