NATIONAL INSURANCE CO LTD Vs. URMILA DEVI

JUDGEMENT

(1.) Lal Singh is the owner of Tractor No. UP 85A/4321 (the Tractor). Sri Ratto (the driver) was driver of the Tractor. On 8.4.1996 at about 9:00 hours the Tractor while passing through village Diwanakala and Gausana overturned. Sri Padam Singh (the Deceased) was sitting in the tractor alongwith with his bags of Sarson/Lahi. He died on the spot due to injuries received by him. .

(2.) The widow and his children (the Claimants) filed Claim Petition No. 119 of 1996 before the Motor Accident Claim Tribunal/Vth Additional District Judge, Mathura (the Tribunal). It was allowed on 13.10.1998 by the Tribunal.

(3.) The National Insurance Company (the Company) is the insurer of the Tractor. It has filed the present appeal against the award dated 13.10.1998.