NATIONAL INSURANACE CO LTD Vs. RAMESH SEN

JUDGEMENT

(1.) The Insurance Company has filed this appeal challenging the order dated 21.2.2003 passed by Additional Member of Motor Accident Claims Tribunal Seondha, Camp at Datia in Claim Case No. 03/2000, by which the Tribunal allowed the claim against respondents No.4 and 5 and appellant both jointly and severally for the amount of Rs.1,52,000/- as compensation to the respondents No.1 to 3 for the death of Raju, the son of respondents No.1 and 2 and brother of respondent No.3.

(2.) It is undisputed fact that an amount of Rs.50000/- has been paid by the appellant under no fault liability under section 140 of Motor Vehicles Act, 1988. It is also undisputed fact that respondent Ramesh died during pendency of this appeal and respondent No.2 is widow and respondent No.3 is the son of deceased respondent No.1. It is also not disputed that tractor No. MP07-A/9122 (hereinafter referred as the 'offending tractor') together with trolley was insured with appellant for agricultural purpose. The offending tractor was being driven by Parsuram (respondent No.5) and owned by Vridawan (respondent No.4) who is father of respondent No.5. It is also not in dispute that Parsuram was having a valid licence to drive the tractor.

(3.) In nutshell, the claim petition before the Tribunal was filed by Ramesh Sen (since dead), Smt. Betiraja and Premsingh, minor through his father, on the ground that deceased Raju was son of Ramesh and Smt. Betiraja and brother of Prem Singh, who was healthy and 20 years of age. He was doing labour work on the offending tractor owned by Vridawan (respondent no.4), which was being driven by Parsuram (respondent no.5). On 31.12.1998 Parsuram was carrying big stones (Khande) and was travelling near Mirgi River and due to rash and negligent driving the offending tractor did not remain under his control and it fell down from the bridge and Raju was pressed under the stones and he was badly injured and was referred to JA Hospital, Gwalior where he died. The report was lodged at Police Station Alampur where Crime No.60/98 was registered.