ORIENTAL INSURANCE CO. LTD. Vs. MUNESH ADIWASHI

JUDGEMENT

(1.) This Misc. Appeal under Sec. 173 of Motor Vehicles Act, 1988 has been filed against the Award dtd. 30/8/2012 passed by 7th Additional Motor Accident Claims Tribunal, Gwalior in Claim Case No 73/2011.

(2.) The necessary facts for disposal of the present appeal in short are that respondent no.4 is the owner of the offending Motor Cycle, whereas the respondent no. 5 is the driver of the offending Motor Cycle bearing registration No. MP 33 MD/7401. It is alleged that on 5/5/2011 at about 4 P.M., the deceased Banti along with pillion rider Nabal Singh was going on his motor cycle. The respondent no. 5 by driving the offending Motor Cycle in a rash and negligent manner, dashed against the motor cycle of the deceased as a result of which, the deceased expired whereas the pillion rider Nabal Singh sustained injuries.

(3.) The respondents no. 1 to 3/Legal Heirs of deceased Banti, filed a claim petition under Sec. 166 of Motor Vehicles Act.