PRAKASH KHANDELWAL Vs. GHANSHYAM DAS DHAMEJA

JUDGEMENT

(1.) Misc. Appeal Nos. 100/04 and 103/04 have been submitted by the appellant-Insurance company whereas Misc. Appeal No. 201/04 has been preferred on behalf of claimants of the deceased arising out of common impugned Award dated 22nd October 2003 in claim cases Nos. 18/03, 19/03 by the injured Om Prakash and another/legal heirs of the deceased Neelu @ Surjeet Singh s/o Om Prakash by the Third Additional Member of the Motor Accident Claims Tribunal, Morena (M.P.) seeking enhancement of compensation to be recovered from the respondents. On the other hand, the Insurance Company by preferring aforesaid two appeals has prayed for setting aside the Award passed against it with a direction to release the amount deposited under the impugned directions.

(2.) It is not in dispute by either of the parties that at the time of accident, the offending tractor bearing No.MP06/JA 2895 was being driven by Ramroop Singh and the same was owned by Deenanath Singh and insured with the New India Insurance Company.

(3.) The facts, in short, necessary for adjudication of the appeals are that on 22nd November 2002, the deceased Surjeet Singh @ Neelu alongwith his father injured Om Prakash was coming in a tractor from Morena to Sukhpura with two begs of manure. As tractor reached at the bridge of Kwari River, due to rash and negligent driving, it turned turtle, resultantly, Surjeet Singh was pressed under the vehicle and died on the spot. The father of the deceased sustained fracture of left leg with head injury. On the report of the accident by the injured, an FIR was lodged and crime for offence under sections 279, 337 and 304-A of I.P.C. was registered against the driver of the tractor. After investigation, the charge-sheet was filed before the criminal court.