UNITED INDIA INSURANCE CO. LTD Vs. KRISHNA BAI

JUDGEMENT

(1.) CHALLENGING the validity and legality of the award dated 17.9.2004 passed by III MACT (Fast Track) Guna, in Claim case No.27 of 2004, the appellant Insurance Company has filed this appeal under Section 173 of the Motor Vehicles Act. By the impugned award, the Claims Tribunal has awarded a total sum of Rs.2,26,000/- with interest to the claimants for the death of one Damodar 29 years of Age who died in vehicle accident in the intervening night of 6-7th September, 2000 and also held that the appellant insurance company is liable to pay the compensation awarded. In this appeal, the appellant insurance company is referred to as 'non-applicant no.3', respondents no.1 to 6 as 'applicants/claimants' and respondents no.7 and 8 as "non-applicants no.1 and 2'.

(2.) THE facts in brief of this case are that on the date of incident in the intervening night of 6-7th September, 2000, the deceased Damodar about 29 years of age met with an accident while he was returning his home from village Dungsara on his Motorcycle with bus bearing registration No. M.P.07/F-0696 driven by the non -applicant no.1 rashly and negligently owing to which, Damodar suffered severe injuries in different parts of his body leading to his death. Hence, the legal representatives of the deceased filed the claim petition before the claims Tribunal for the compensation of Rs.80,65,000/-.

(3.) NON -applicant no.2 denying the averments made in the claim petition has submitted that no accident had occurred with the offending bus being driven by non applicant no.1 and owned by non applicant no.2 which is even insured with the non-applicant no.3. Hence, the claim petition filed by the claimants deserves to be dismissed.