UNITED INDIA INSURANCE COMPANY LTD Vs. MANIK RAO

JUDGEMENT

(1.) THE Insurer has filed the present appeal dis-satisfied with award passed by the Motor Accident Claims Tribunal, Chhindwara in Claim case No. 103/98, awarding a sum of Rs. 1,15,200/- for the death of one Ramesh.

(2.) ON 9-1-96, Ramesh, a student of class XIIth, aged 18 years, was going to his school situated at Saunsar on a motor-cycle. A Trax bearing No. MP22-B/4367, driven by Javed @ Pasha in a rash and negligent manner hit the motor-cycle. In the accident Ramesh suffered serious injuries and died in the hospital. Report of the accident was lodged and a criminal case was registered at crime No. 519/96 at the concerned Police Station. The Vehicle was owned by Bhaskar and insured with United India Insurance Company Limited. The deceased was earning Rs. 2000/- per month.

(3.) THE respondents denied the averments made in the claim petition and contended that the deceased was not earning Rs. 2000/- per month. The Trax was not driven in a rash and negligent manner by its driver Javed. He was driving it at a slow speed and his elder brother Jahid Khan, who is an experienced driver was sitting by his side and was guiding him. Negligence was that of the person driving the motor-cycle, which hit the trax owing to which the accident took place. There is no liability of the driver and owner and if any compensation is to be paid, that is to be paid by the Insurer.