NEW INDIA INSURANCE COMPANY LTD Vs. SHEELA DEVI

JUDGEMENT

(1.) This appeal, under section 173 of the Motor Vehicles Act, 1988, has been filed by the appellant -Insurance Company assailing the award dated 30.10.2007 passed by Illrd Addl. Motor Accident Claims Tribunal, Bhopal in Claim Case No. 2157/2006 whereby the compensation to the tune of Rs. 3,48,000/ - for death of Mangal Singh has been awarded.

(2.) Brief facts of the case are that on 23.4.2006 at about 7:55 in the evening when the driver of the marshal jeep bearing registration No. UP/16 -9092 driving it rashly and negligently dashed Mangal Singh the accident took place. Sub -Inspector lodged the FIR at Police Station Misrod whereby the offence was registered as Crime No. 97/06 inter alia contending that in the accident deceased has died and Marshal Jeep overturned on the spot. The postmortem report is available on record.Thus, for the death of Mangal Singh two claim cases under section 166 of the Motor Vehicles Act, bearing MCC No. 2157/ 2006 and MCC No. 3089/2006 were filed by the wife, sister and brother of the deceased seeking compensation to the tune of Rs. 67,50,000/ - and 35,50,000/ - respectively. Both the claim petitions have been decided by a common award. It is not in dispute that the charge -sheet under sections 302,201/34 of the IPC was filed in the said case wherein accused persons have been acquitted.

(3.) The Claims Tribunal recorded the finding on issue Nos. 1A and B in favour of the claimants and held that the vehicle was driven rashly and negligently by the driver and on account of road accident Mangal Singh had died. The finding has also been recorded that the vehicle was insured at the time of accident and violation of terms and conditions of the policy has not been proved. In view of the foregoing, Claims Tribunal has awarded a sum of Rs. 3,48,000/ - in total alongwith the interest @ 6% per annum to the claimants.