MAKHAN SINGH Vs. MANKUNWAR BAI

JUDGEMENT

(1.) THIS appeal is preferred under Section 153 of the Motor Vehicles Act by the owner of offending vehicle against an award passed by 1st A.M.A.C.T., Shahjapur in Claim Case No. 54/99, decided on 20.1.2000. The issue involved in this appeal is short and legal namely, whether Tribunal was justified in exonerating the Insurance Companies from the liability to pay the interim compensation which is payable under Section 140 of the Motor Vehicles Act. Facts are these:

(2.) ON 28.1.1999, deceased Laxman while travelling in Tractor-trolley/bearing No. MP-13-KA-6341 and Trolley attached to it bearing No. MP-13-KA-1519 met with an accident and died. This led to filing of claim petition by the legal representatives of deceased Laxman claiming compensation under various heads. In substance the allegations are that due to rash and negligent driving of Tractor and Trolley the deceased Laxman died but for no fault of him. It is alleged that at the relevant time, the offending Tractor Trolley was insured with the Insurance Company (respondent Nos. 5 and 6).

(3.) HEARD Mr. S. Patwa, learned Counsel for the appellant, Mr. H.G. Shukla, learned Counsel for respondent No. 5 and Mr. A. Goyal, learned Counsel for the respondent No. 6.