NATIOANAL INSURANCE CO. LTD Vs. WASIMUNNISHA

JUDGEMENT

(1.) This First Appeal From Order is preferred by the appellantInsurance Company challenging the award dtd. 27/5/1993, passed by the Motor Accident Claims Tribunal/Additional District Judge, Banda (herein after referred to as 'Tribunal') in M.A.C.P. No.102 of 1989 (Smt.Wasimunnishan and others vs. Battu Ram and another) awarding a sum of Rs.2,94,400.00 as compensation to the claimants with interest at the rate of 10% per annum from the date of filing of the petition. The claimants have also filed cross-objection for enhancement of compensation.

(2.) The brief facts of the case are that aforesaid claim petition was filed before learned Tribunal with the averments that on 2/3/1989 at about 7:00 pm the deceased Mohammad Anwar was going from Pangara to Naraini. In front of the Naraini Dak Bunglow, a tractor bearing No.URE-9674 was also going towards Naraini, which was laiden with iron bars and other agricultural implements on the trolley and the iron bars were protruding outside from the trolley on the back side. There was no red flag or any other cloth for warning nor there was any light on the back side. The tractor driver without giving any indication or blowing horn suddenly stopped the tractor wrongly due to which the iron rod hit the deceased, who was coming from behind on a scooter. The rod hit in the neck of deceased and he died instantaneously. The deceased was pillion of scooter.

(3.) Heard Shri K.S.Amist, learned counsel for the appellantInsurance Company and Shri Pravesh Kumar, learned counsel appearing for respondent-claimants. None appears for the owner. Perused the record.