SOMVATI Vs. BHAGWANT SINGH

JUDGEMENT

(1.) Present miscellaneous appeal is filed assailing the award dtd. 31/3/2017 passed by Motor Accident Claims Tribunal, Gwalior, District Gwalior in Claim Case No.260/2014, by which compensation to the tune of Rs.8,51,000.00 has been awarded by the Claims Tribunal in favour of the appellants/claimants.

(2.) The relevant facts in brief to decide the present appeal are that the appellants/claimants filed the present claim petition with the averments that at the time of accident the deceased Narendra Jatav was traveling in a auto along with one Meera Bai and Muskan having Registration No.MP30/R/ 0872. On the spot of accident, respondent No.1-Bhagwant Singh, who was the driver of the vehicle, due to rash and negligent driving, turned the vehicle turtle due to which deceased received serious injuries and during treatment at J.A. Hospital he died. According to the appellants/claimants, the deceased was aged about 34 years and was working as a mason and was earning Rs.15,000.00 per month.

(3.) The limited question before this Court is that whether the directions of learned Claims Tribunal to the effect that before release of the amount to the claimants, owner of the offending vehicle shall furnish security for the entire amount which the insurer will pay to the claimants is appropriate?