NEW INDIA ASSURANCE CO LTD Vs. KACHRUSINGH

JUDGEMENT

(1.) This order shall also govern the disposal of M.A. No. 1517 of 2008 as both the appeals are arising out of award dated 25.1.2008 passed by M.A.C.T., Shajapur in Claim Case No. 16 of 2007 whereby the claim petition filed by the appellants was allowed and compensation of Rs. 2,18,750 was awarded for death of deceased in a motor accident.

(2.) In the appeal filed by the claimants, the prayer is that amount be enhanced while in the appeal filed by respondent No. 3 the prayer is that since the offending vehicle was overloaded and deceased was sitting on the rooftop of the vehicle, the appellant insurance company is not liable.

(3.) Short facts of the case are that claim petition was filed by the appellants alleging that on 3.3.2007 deceased Gopalsingh was travelling in a bus bearing registration No. CIU 0329 which was being driven by respondent No. 1 rashly and negligently, owned by the respondent No. 2 and insured with respondent No. 3, Gopalsingh fell down and sustained head injuries. He was brought to Civil Hospital, Badod from where he was referred to District Hospital, Ujjain and thereafter was referred to Gokuldas Hospital, Indore but ultimately he passed away on 11.3.2007.