VISHAN SINGH Vs. DAULAT SINGH

JUDGEMENT

(1.) This Misc. Appeal under Sec. 173(1) of Motor Vehicles Act, 1988 has been filed against the award dtd. 07/12/2012 passed by Motor Accident Claims Tribunal, Ashoknagar, (M.P.) in Claim Case No.31/2011 by which Claims Tribunal partly allowed the appeal and awarded compensation to the tune of Rs.1,64,000.00 in favour of the claimants.

(2.) The necessary facts for disposal of the present appeal in short are that on the date of incident i.e. 27/04/2011, respondent/claimant No.1 alongwith his wife Munni Bai and granddaughter- Khushbu went to mandi to sell the crop of masoor in the tractor bearing registration No. MP-40-AA-4225 owned by the appellant/owner - Bisan Singh and at about 8:00 p.m, when they were coming back to home in the said tractor-trolley, after crossing the Bhadona, the appellant/driver who drove the tractor in a very rash and negligent manner due to which tractor was overturned and deceased Munni Bai died on the spot.

(3.) The respondent/claimant No.1 to 3 filed the claim petition before the Claims Tribunal. Learned Tribunal partly allowed the claim petition and awarded a sum of Rs.1,64,000.00 in favour of claimants. Tribunal has exonerated the respondent No.4/non-applicant No.2- Insurance Company from the liability to pay the compensation as there was breach of policy. Learned claims tribunal directed the appellant/non-applicant No.1 to pay the compensation against which this appeal has been filed.