UNITED INDIA INSURANCE COMPANY LTD Vs. SATENDRA SINGH

JUDGEMENT

(1.) This appeal has been filed by the appellant Insurance Company, against the award dated 22nd July, 2005 passed by the Third Motor Accident Claims Tribunal, Morena, in Case No. 300/2004 questioning the liability of the Insurance Company to indemnify the insured.

(2.) The claimant-respondent Nos. 1 to 4 filed a claim application before the Claims Tribunal for payment of compensation of Rs. 28,67,000. They pleaded that on 19.6.2004, Statendra Singh along with his wife and children had been going to native place of his wife. They were travelling in a tractor bearing registration No. M.P. 06/JA-3560. Due to rash and negligent driving of the driver of the tractor, Rajkumari fell down and she died on the spot. It has further been pleaded that the tractor was insured by the appellant-Insurance Company. The report of the accident was lodged at the Police Station Sarayachhola, District Morena and an offence under Section 304-A of IPC, vide Crime No. 70/04. was registred against the driver of the tractor.

(3.) The Claims Tribunal after apprecation of evidence has held that the deceased was travelling in the tractor. Due to rash and negligent driving of the driver of the tractor, Rajkumari fell down from the tractor and died on the spot. The Claims Tribunal further held that the tractor was insured by the appellant-Insurance Company, hence the Insurance Company is liable to indemnify the insured and awarded a total compensation of Rs. 1,38,000 in favour of the claimants.