NATIONAL INSURANCE CO LTD Vs. PILLU

JUDGEMENT

(1.) THIS appeal is directed against the award dated 27. 2. 1991 in Claim Case No. 101 of 1990 by the Motor Accidents Claims Tribunal, Seoni, awarding compensation of Rs. 45,000 to respondent No. 1, Pillu and Rs. 2,000 to respondent No. 2, Pankhi Bai, under Section 110-A of Motor Vehicles Act, 1939 (hereinafter referred to as 'the Act' for short ).

(2.) THE petition for claim was filed by the claimant-respondent Nos. 1 and 2, in which it was averred that they were travelling on 28. 8. 1986 by Matador bearing registration No. CIK 9409 from village Bhauma to Seoni. It is not disputed that the said vehicle was driven by respondent No. 3, Manjoor Khan and was owned by respondent No. 4, Mohd. Arif. Appellant is admittedly the insurer of said vehicle.

(3.) THE claimants further averred that, on account of rash and negligent driving of said vehicle by respondent No. 1, the same dashed against a tree and respondent Nos. 1 and 2 sustained injuries. They averred that they were travelling as passengers by Matador. Total claim of Rs. 1,70,500 was preferred.