ORIENTAL INSURANCE CO LTD Vs. KALAWATI

JUDGEMENT

(1.) Challenging the validity and legality of the award dated 10.10.2006 passed by MACT, Shivpuri in Claim case No.94 of 2006, the appellant Insurance Company has filed this appeal under Section 173 (1) of the Motor Vehicles Act. By the impugned award, the Claims Tribunal after rejecting the permission sought by the appellant for defending the case on all grounds under Section 170 of the Motor Vehicle Act, has awarded a total sum of Rs.4,20,000/- with interest to the claimants for the death of one Kashiram Jatav 30 years of Age who died in vehicle accident on 2.6.2005 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 admitted facts of the case are that on 2.6.2005 the date of accident, the offending truck bearing registration No.M.P.09-K.D/2735 was owned by the non-applicant no.2 Dinesh Kumar and it was insured with appellant/non-applicant no.3 Insurance Company.

(3.) The facts in brief of this case are that on the date of incident 2.6.2005 at 12-00 in the night the deceased Kashiram about 30 years of age met with an accident near AB Road Shivpuri with Truck bearing registration No. M.P.09-K.D/2735 driven by the non-applicant no.1 rashly and negligently while Kashiram was going to the house of his relative situated at Thakurpura Shivpuri, owing to which, Kashiram 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.25,95,000/-.