NEW INDIA ASSURANCE COMPANY LIMITED Vs. RAM MILAN

JUDGEMENT

(1.) The present Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgment and Order/Award dated 20.7.2011 passed by the Motor Accidents Claims Tribunal, Banda in Motor Accident Claim Case No. 110/70 of 2009 filed by the claimant-respondent nos. 1 and 2 on account of the death of their daughter Kumari Gaura in an accident which took place on 6.4.2009 at about 5.00 P.M.

(2.) The case set-up in the Claim Petition was that on 6.4.2009, the claimant-respondent no. 2 and her children were going on Eicher Tractor bearing Registration No. MP 16M-4655 (hereinafter also referred to as "the vehicle in question"); and that on account of rash and negligent driving by the Driver of the vehicle in question (namely, Ram Kishore Prajapati-respondent no.4 herein), the Tractor and Trolley over-turned, as a result of which, the claimant-respondent no.2 sustained injuries while the said Kumari Gaura sitting in the Trolley sustained serious injuries and consequently died.

(3.) The respondent no.3 herein was the owner of the said Tractor (i.e. the vehicle in question) while the Appellant-Insurance Company was the insurer of the said Tractor (i.e. the vehicle in question).