NATIONAL INSURANCE COMPANY LTD. Vs. VIMLA DEVI

JUDGEMENT

(1.) This appeal under Section 173 of the Motor Vehicle Act 1988 has been preferred by the Insurance Company/appellant against an Award dated 29th June 2004 in Claim Case No. 36/2003 passed by the Fourth Additional Member of the Motor Accident Claims Tribunal, Bhind (M.P.), awarding thereby compensation amount in the sum of Rs. 1,67,000/- in favour of the claimants of deceased Narsingh Tyagi, who died in an accident occurred on 24th February 2001 at Bhind-Porsa road while travelling in a tractor bearing registration No. RJ05-IR 4586, due to rash and negligent driving by Narenrda Singh Jat (Respondent No.1 in claim petition) owned by Sher Singh (Respondent No.2 in claim petition) and insured with appellant-Insurance Company.

(2.) Admitted facts of the case are that on 24th February 2001 at about 4 p.m., deceased Narsingh Tyagi was travelling on the mudguard of Tractor No. RJ05-IR 4586 from Kanadhar village to Bandokhar. At Porsa Road, due to negligent on the part of the aforesaid driver, the vehicle turned turtle, as a result, deceased Narsingh who was sitting on the mudguard died by pressing under the tractor. The F.I.R. of the incident was lodged by the driver Narendra Singh indicating that deceased was driving the tractor and due to his reckless driving, the tractor turned turtle and he died in such an accident.

(3.) The contention of the Insurance company/appellant is that the Award so passed under appeal is against the settled principles of law and thus is liable to be set aside.