ORIENTAL INSURANCE CO LTD Vs. ANITA TIWARI

JUDGEMENT

(1.) This Misc. Appeal under Sec. 173 of Motor Vehicles Act has been filed against the award dtd. 20/6/2019 passed by 3rd Member, Motor Accident Claims Tribunal, Nagod, Distt. Satna in M.A.C.C. No.47/2017.

(2.) The Claimants filed a claim petition under Sec. 166 of Motor Vehicles Act pleading inter alia that on 26/6/2017, the deceased Jagpati Tiwari was going on his motor cycle. As soon as he reached near Karsara culvert, he received a mobile call. Therefore, after stopping the motor cycle, he was talking to the caller and was standing by the side of the road. At that time, the driver of the offending vehicle i.e., car bearing registration No. MP 19 CA 7852, by driving the vehicle in a rash and negligent manner dashed the deceased as a result he sustained injuries on his head, face and other parts of the body. The deceased died on the spot. FIR was lodged.

(3.) The Appellant filed its written statement and denied that any accident took place. It was the stand of the Appellant that the deceased while driving the motor cycle was talking on his mobile phone, as a result he himself fell down from the motor cycle.