UNITED INDIA INSURANCE CO LTD Vs. SUMAN

JUDGEMENT

(1.) HEARD Sri S.K. Mehrotra, learned counsel for the appellant and perused the impugned award. This First Appeal From Order has been filed against the judgment and award dated 5.12.2012 passed by the Motor Accident Claims Tribunal/ Additional District Judge, Court No.2, Kanpur Dehat in M.A.C.P. No. 411 of 2011, Smt. Suman and another versus Laxmi Chandra and another, whereby compensation of Rs. 4,21,000/ - together with interest at the rate 6% per annum was awarded to the claimant -respondents.

(2.) THE appellant has challenged the impugned award on the ground that the driver of tractor no. UP -78, BY -8577 was driving it in a rash and negligent manner, is erroneous and that Jagdish (since deceased) had not suffered any injuries from the said tractor, hence the claim petition before the Motor Accident Claims Tribunal was not maintainable against the appellant.

(3.) ACCORDING to the learned counsel for the appellant, trailer attached with the tractor was not insured as no premium for it has been paid. He argues that without appreciating this material aspect the Tribunal has illegally held that the trailer does not require insurance, which finding, being against the provisions of Section 146 of the Motor Vehicles Act, 1988 is liable to be quashed.